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Research Handbook on Asian Competition Law
This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
More Information
Critical Acclaim
Contributors
Contents
More Information
This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
Expert contributions from both scholars and practitioners provide insight into the complex development of competition law in the region taking into account the growing number of competition law models, changing views on law convergence, enforcement practice and the progression of economic thought. Chapters highlight and explore the special features of these laws as a result, as well as draw conclusions on the perceptions of competition law in different ASEAN member states.
Academics in law, economics and public policy with an interest in competition law, both in Asia and more broadly, will find this Research Handbook’s insights invaluable. Legal practitioners and policy makers will also find its examination of the major issues in the competition law of the region useful.
Expert contributions from both scholars and practitioners provide insight into the complex development of competition law in the region taking into account the growing number of competition law models, changing views on law convergence, enforcement practice and the progression of economic thought. Chapters highlight and explore the special features of these laws as a result, as well as draw conclusions on the perceptions of competition law in different ASEAN member states.
Academics in law, economics and public policy with an interest in competition law, both in Asia and more broadly, will find this Research Handbook’s insights invaluable. Legal practitioners and policy makers will also find its examination of the major issues in the competition law of the region useful.
Critical Acclaim
‘The contributions in this book are of high quality and well structured, providing reliable sources of Asian competition law studies with a historical perspective and future prospects. It will be useful for scholars, practitioners and students of law and economics who are interested in Asian competition law or comparative competition law.’
– Concurrences
‘This is an important book that brings together many top Asian competition law researchers to identify cutting edge issues in Asian competition law. It offers a critical and nuanced view of the complexities of competition law in the region.’
– D. Daniel Sokol, University of Southern California, US
– Concurrences
‘This is an important book that brings together many top Asian competition law researchers to identify cutting edge issues in Asian competition law. It offers a critical and nuanced view of the complexities of competition law in the region.’
– D. Daniel Sokol, University of Southern California, US
Contributors
Contributors: A.C.M. Chen, T.K. Cheng, M.F. Cheong, Y.S. Choi, A.M. Ditucalan, D. Fruitman, J.O. Haley, S. Hayashi, S. Hongvichit, E.L.E. Khoo, L.H. Luu, X. Ma, B. Ong, M. Songkheang, J.B.C. Teoh, S. Thanitcul, S. Van Uytsel, S.Y. Wahyuningtyas, X. Wang, K. Wu
Contents
Contents:
Preface
Introduction to the Research Handbook on Asian Competition Law xiii
Steven Van Uytsel, Shuya Hayashi and John O. Haley
PART I COMPETITION LAW IN ASIA: BACKGROUND PERSPECTIVES
1 Adopting competition law in Asia: an increasingly complex reality 2
Steven Van Uytsel
2 The proliferation of competition law in Asia: from forced adoption to an
integration project 25
Steven Van Uytsel
PART II EARLY ASIAN COMPETITION LAWS AND THEIR
CONTINUOUS SEARCH FOR THEIR IDENTITY: JAPAN,
TAIWAN AND KOREA
3 The Japanese competition law in its own way: a historical review of the
AMA and its characteristics 44
Shuya Hayashi, Kunlin Wu and Xiaoyu Ma
4 The evolution of fair and free competition law in the Republic of Korea 65
Yo Sop Choi
5 Political, economic and legal driving forces shaping the developmental
contours of competition law: the experience of Taiwan 81
Andy C.M. Chen
PART III ASIAN COMPETITION LAWS AT A CROSSROAD:
INDONESIA, THAILAND AND VIETNAM
6 Indonesian competition law: up for renewal 100
Sih Yuliana Wahyuningtyas
7 Competition law in Thailand: in transition to an operational law 118
Sakda Thanitcul
8 Vietnam’s competition law adoption: from passive to active 134
Ly Huong Luu
PART IV EUROPEAN COMPETITION LAW AS THE MAIN
SOURCE OF INSPIRATION: SINGAPORE, HONG KONG,
MALAYSIA AND CHINA
9 Competition law in Singapore: the first decade 151
Burton Ong
10 Hong Kong competition law and legal transplant 168
Thomas K. Cheng
11 Legal transplant: giving life to Malaysia’s competition regime 181
May Fong Cheong, Joshua Beni Chris Teoh and Esther Li Ean Khoo
12 Retrospective and prospects of China’s Anti-Monopoly Law 209
Xiaoye Wang
PART V A FUSION OF DIFFERENT COMPETITION LAW MODELS:
THE PHILIPPINES, LAOS, MYANMAR AND CAMBODIA
13 The Philippine competition law dilemma: US–EU fusion to tension? 233
Alizedney M. Ditucalan
14 Competition law in Laos: evaluating its potential for effective enforcement 281
Steven Van Uytsel and Somsack Hongvichit
15 A legal transplant made unnecessarily complex: the Myanmar
Competition Law 303
Steven Van Uytsel
16 The journey to the Cambodian competition law 321
David Fruitman and Meng Songkheang
Index 337
Preface
Introduction to the Research Handbook on Asian Competition Law xiii
Steven Van Uytsel, Shuya Hayashi and John O. Haley
PART I COMPETITION LAW IN ASIA: BACKGROUND PERSPECTIVES
1 Adopting competition law in Asia: an increasingly complex reality 2
Steven Van Uytsel
2 The proliferation of competition law in Asia: from forced adoption to an
integration project 25
Steven Van Uytsel
PART II EARLY ASIAN COMPETITION LAWS AND THEIR
CONTINUOUS SEARCH FOR THEIR IDENTITY: JAPAN,
TAIWAN AND KOREA
3 The Japanese competition law in its own way: a historical review of the
AMA and its characteristics 44
Shuya Hayashi, Kunlin Wu and Xiaoyu Ma
4 The evolution of fair and free competition law in the Republic of Korea 65
Yo Sop Choi
5 Political, economic and legal driving forces shaping the developmental
contours of competition law: the experience of Taiwan 81
Andy C.M. Chen
PART III ASIAN COMPETITION LAWS AT A CROSSROAD:
INDONESIA, THAILAND AND VIETNAM
6 Indonesian competition law: up for renewal 100
Sih Yuliana Wahyuningtyas
7 Competition law in Thailand: in transition to an operational law 118
Sakda Thanitcul
8 Vietnam’s competition law adoption: from passive to active 134
Ly Huong Luu
PART IV EUROPEAN COMPETITION LAW AS THE MAIN
SOURCE OF INSPIRATION: SINGAPORE, HONG KONG,
MALAYSIA AND CHINA
9 Competition law in Singapore: the first decade 151
Burton Ong
10 Hong Kong competition law and legal transplant 168
Thomas K. Cheng
11 Legal transplant: giving life to Malaysia’s competition regime 181
May Fong Cheong, Joshua Beni Chris Teoh and Esther Li Ean Khoo
12 Retrospective and prospects of China’s Anti-Monopoly Law 209
Xiaoye Wang
PART V A FUSION OF DIFFERENT COMPETITION LAW MODELS:
THE PHILIPPINES, LAOS, MYANMAR AND CAMBODIA
13 The Philippine competition law dilemma: US–EU fusion to tension? 233
Alizedney M. Ditucalan
14 Competition law in Laos: evaluating its potential for effective enforcement 281
Steven Van Uytsel and Somsack Hongvichit
15 A legal transplant made unnecessarily complex: the Myanmar
Competition Law 303
Steven Van Uytsel
16 The journey to the Cambodian competition law 321
David Fruitman and Meng Songkheang
Index 337
