An Exploratory Study on Diversity and Convergence Process for ASEAN Competition Law

Angayar Kanni Ramaiah

《Southeast Asian Social Science Review》 2卷1期 (2017/05) Pp. 49-71

https://doi.org/10.29945/SEASSR.201705_2(1).0003

摘要

Competition Law (CL) was enacted in ASEAN member states (AMS) in fulfillment of ASEAN Economic Community (AEC) to promote fair business competition and also to enhance regional economic performance. AEC required the AMS to introduce CL by 2015 but only nine AMS excluding Cambodia enacted their CL by the end of 2015. The implementation process of CL is believed by the ASEAN leadership to integrate in the coming years with the closer economic integration spurred by the AEC efforts. If so, the next question would be to what degree the convergence of CL in the region will happen over the next decade. The effort to regionalize CL must address implementation challenges in AMS both nationally and regionally such as limited resources, lack of training and expertise, enforcement obstacles and ASEAN's diversity (geography, history, culture, political, economic, social systems and development level). This paper seeks to explore the issues and challenges ahead in the road map of the ASEAN CL convergence process at the regional level. The paper also highlights the legal challenges and proposes recommendations as to why and how CL convergence process to be approached for ASEAN.

關鍵字

Competition law and policy ； diversity ； anti-competition ； convergence