Description
Book SynopsisThis 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.
Contributors include: 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
Trade Review'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 Florida Levin College of Law, US
Table of ContentsContents: 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
