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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.
Every October the Fordham Corporate Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. None of the chapters are merely descriptive, all raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy. All chapters, if necessary, are revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The Annuals are an indispensable guide through the sea of international antitrust law. The Fordham Corporate Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published.
The issue of international antitrust enforcement is high on the agenda for both developed and developing countries. Bilateral cooperation between antitrust agencies, in particular the European Commission and US agencies, is the focus of this new work. It first shows how bilateral cooperation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at coordinating joint investigations of international competition cases. It then considers how bilateral cooperation could be used optimally, by analysing two forms of advanced cooperation: the exchange of confidential information, and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC US relationship. The book therefore argues that the efficient use of bilateral cooperation will be limited to a small number of well-established competition agencies. If international anticompetitive practices are to be efficiently addressed by an increasingly large and heterogeneous group of competition agencies, horizontal cooperation between antitrust agencies must be complemented by a multilateral and supranational solution going beyond proposals currently put forward. The book concludes that only the WTO and its dispute settlement system could provide the basis for such a system.
International agreements on competition law and policy are notoriously difficult to implement. This collection of essays examines the complexities involved when the issues of international co-ordination and harmonization of competition law and policy are considered.
World Bank Technical Paper No. 385. MERCOSUR, the QUOTECommon Market of the Southern Cone,QUOTE was established to liberalize the movement of goods and services, eliminate customs duties, and coordinate macroeconomic and sectoral polices. Competition policy has been the subject of coordination at the MERCOSUR level. This paper provides an assessment of the legislative and enforcement effectiveness of the competition framework of the four MERCOSUR countries and gives specific recommendations for reform. MERCOSUR, formed in 1991 under the Treaty of Asuncion, currently consists of Argentina, Brazil, Paraguay, and Uruguay with Chile and Bolivia as associate members.
Annotation Although many economies have grown briskly in the last few years, future development will depend on the quality and timeliness of policy actions. This volume provides specific policy responses that could be employed to navigate successfully through periods of economic, political and technological turbulence by enhancing both competitiveness of firms and the stability of the economies in East Asia.
Today, every international transaction has potential antitrust implications. Before you risk anything in foreign trade, consult the Fifth Edition of Wilbur L. Fugate's Foreign Commerce and the Antitrust Laws. Fugate offers expert analysis of how the U.S. antitrust laws affect companies' abilities to import and export goods, invest in foreign companies, and enter into joint ventures and other trading arrangements. It provides in depth discussion of current statutory and case law, as well as expert analysis of the latest developments, including areas like these: Foreign licensing of intellectual property Transnational mergers and acquisitions Transportation restrictions and other problems of international distribution ...and everything else you'll need to ensure protection under -- and compliance with -- today's far-reaching antitrust and competition laws.