Research handbook on Asian competition law, Steven VAN UYTSEL, Shuya HAYASHI and John O. HALEY

Steven Van Uytsel, Shuya Hayashi, John O. Haley

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to catherine.prieto@univ-paris1.fr for review in this section.

As increasing numbers of jurisdictions adopt competition policies and laws, the Asian region is no exception. This book, edited by Steven Van Uytsel, Shuya Hayashi and John O. Haley, provides invaluable insight into the proliferation of competition law in Asian countries. It offers a collection of contributions from scholars and professionals that analyze the characteristics of the competition law and the process of adopting competition law in the jurisdictions (in alphabetical order) of Cambodia, China PRC, Hong Kong, Indonesia, Japan, Korea, Laos, Malaysia, Myanmar, Philippines, Singapore, Taiwan, Thailand, and Vietnam.

Despite the differences in their economic and political conceptions, many Asian countries have drawn on the experience of the most mature competition law regimes, especially the European and US models, in order to create their own regimes. As pointed out by Steven Van Uytsel in the introductory part of this book, besides the challenges faced by Asian countries in adapting the well-developed competition law models to their specific environments, the interpretation of competition law in well-developed regimes also differs over time. Based on these observations, this book aims to identify the convergence and divergence of competition laws in Asian countries with the regimes that inspired their drafting. The contributions in this book, divided into five parts, set out the unique features of the respective competition law in the relevant jurisdiction from the perspectives of both legislation design and enforcement.

The first part of this book, from a historical point of view, explains the constantly changing environment of adopting competition laws in Asian countries. Steven Van Uytsel argues that, compared with the imposition of US competition law in Japan during the first half of the twentieth century, the subsequent processes of creation of competition law in Asian countries have become more and more complex with the emergence of new diverging models. He also points out that the main driving forces behind the adoption of competition law in Asian countries include their economic growth and the requirements to comply with obligations imposed by the WTO and other trade agreements, international organizations or economic integration loan projects.

The second part contains three work on the competition law regimes in Japan, Korea and Taiwan respectively, which are the oldest operational competition laws in Asia. Shuya Hayashi, Kunlin Wu and Xiaoyu Ma explain the impact of US competition law on the drafting of the Japanese Antimonopoly Act (AMA) and how the AMA has evolved through reforms requested by the economic reality. According to Yo Sop Choi, the Korean competition law is mainly driven by the principle of abuse (Missbrauchprinzip), implying especially the German and European patterns, while it has also been in search of its own identity by deviating from European rules in some aspects. In the case of Taiwan, Andy C. M. Chen demonstrates how the competition laws of the US, Germany, Japan and Korea have influenced the contemplation of the Taiwan’s Fair Trade Act (TFTA). He further discusses several significant revisions of the TFTA.

The third part concerns the legislation processes in Indonesia, Thailand and Vietnam. Although Indonesia has adopted the competition law very early, as explained by Sih Yuliana Wahyuningtyas, it made extensive revisions in 1999 by extending the categories of prohibited activities given its economic conditions. Thailand is also an early adopter of competition law. However, according to Sakda Thanitcul, a comprehensive competition law regime was only established following the financial crisis in 1999 and a new version of competition law was adopted in 2017 after referring to the experiences of South Korea and Germany. The situation is similar in Vietnam. Ly Huong Luu notes that, despite its early enactment of the competition law, Vietnam amended substantially the law in 2018 by looking at the EU, Australia and China.

Singapore, Hong Kong, Malaysia and China are discussed in the fourth part. One common characteristic of these countries is that they all have been influenced by the Anglo-European or German competition law model. Beyond this aspect, as noted by Burton Ong, Singapore has its own focus in the process of law-making. Moreover, the case law has greatly contributed to its deviations from the European framework. As for Hong Kong, according to Thomas K. Cheng, although the influence of European competition provisions is visible, the authority has localized certain rules in its guidelines. For example, the EU approach is declined with regard to unilateral conduct. The same logic applies to the development of competition law in Malaysia and China—despite the fact that they initially borrowed provisions from the European framework, they kept updating its rules with a view to addressing their specific issues.

The last part is deliciated to Laos, Myanmar and the Philippines, which have recently adopted competition laws, and to Cambodia, which is still in the process of finalizing its competition law. The four articles grouped in this part reflect the influence of a fusion of EU and US models on these countries and reveal the difficulties they face in the process of drafting and implementation of their competition laws.

To sum up, by displaying the foreign and domestic elements in the establishment of competition rules in each jurisdiction, this book can help its readers to gain a better understanding of the development of competition laws in Asian countries. 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.

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Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Zhijin Liu, Research handbook on Asian competition law, Steven VAN UYTSEL, Shuya HAYASHI and John O. HALEY, November 2020, Concurrences N° 4-2020, Art. N° 97386, pp. 280-281

Publisher Edward Elgar Publishing, Research Handbooks in Competition Law series

Date 3 April 2020

Number of pages 384

Visites 75

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