Asean Regional Guidelines On Competition Policy

ASEAN competitive economic policy and law of the Southeast Asian Nations.

This edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.

ASEAN competitive economic policy and law of the Southeast Asian Nations.

Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.

This article looks into the regional implementations of competition regulation in ASEAN and their impact on trade liberalization. The AEC has required ASEAN Member States (“AMS”) to introduce their own domestic competition laws by 2015. At the moment, the ASEAN Regional Guidelines on Competition Policy 2010 serves as a general framework for AMS to introduce, implement, and enforce competition policy and law (“CPL”). However, to date, there is no regional legal framework regulating competition and no regional body overseeing the administration of CPL at the ASEAN level. This article argues that the creation of such a legal and institutional framework for competition is hindered by the lack of consistency between existing competition laws in AMS and the different political, economic and legal environments there. This brings the discussion to the possible results of regionalization of competition regulation in ASEAN -- utilization of extra-territorial power of the individual CRB of AMS and limited level of regional cooperation. This article finds that these outcomes pose several challenges to trade liberalization through the overuse, underuse and disuse of competition law itself and the use of trade defense laws (such as anti-dumping law) that has adverse effects on competition. This article proposes consultation and coordination as the means to minimize the conflicts between competition regulation and trade liberalization and prevent the use of competition regulation as a barrier to intra-ASEAN trade and beyond.

This book is important from the public policy and foreign investment points of view and should be read by all who need to understand the competitive policies in the ASEAN Countries. As the author has rightly pointed out, the narrow capitalistic model to maximize profits even at the expense of income distribution, has been modified in ASEAN countries, to take into account the need for equity and distributive justice. The socio economic strategy has been essential, to pomote political stability, without which there cannot be economic growth and development. The book argues impressively that competition policy cannot be unfettered, but has to be efficiently and compassionately managed, to ensure balanced business and steady socioeconomic development. Competitive policies have to follow the best interests of developing economies and not just the pressures and preferences of the capitalistic competitive policies of the highly developed industrial countries, that often ignore the different priorities of developing countries.

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.

This edited collection draws together papers on competition policy that were presented at the twenty-eighth conference of the Pacific Area Forum on Trade and Development (PAFTAD), held in Manila on 16th to 18th September 2002.

Examines regional competition policy developments in South East Asia, exploring a broad range of related issues from diverse perspectives.