The CRC Series on Competition, Regulation and Development
Edited by Paul Cook, Raul Fabella and Cassey Lee
Chapter 3: Model Competition Laws
Cassey Lee INTRODUCTION The number of countries that have implemented competition law has risen signiﬁcantly in the past two decades. More than half of such countries enacted competition laws within the 1990–99 period – the decade of extensive economic reforms. The drafting of competition laws in these countries beneﬁted from the experiences of some of the more developed countries or communities such as the United States, Japan, Germany and the European Community. There is in fact a discernable legal lineage in the competition laws of some countries (Table 3.1). For example, Thailand, in drafting its own competition law, borrowed from South Korea, which in turn was inﬂuenced by the competition laws of Japan and Germany. It is well known that both Japan and Germany implemented their competition laws during the occupation period by the United States. International aid and development agencies such as the OECD, the World Bank and UNCTAD have also been inﬂuential in prompting developing countries to implement competition laws. Both Indonesia and Thailand implemented their competition laws as part of their commitments in the structural adjustment programmes in the aftermath of the Asian ﬁnancial crisis in 1997/98. Similarly, South Korea made signiﬁcant reforms in its competition law under similar circumstances. Table 3.1 Country Japan (1947) Australia (1974) South Korea (1980) Taiwan (1992) Thailand (1999) Indonesia (1999) Country inﬂuence in competition law design Inﬂuence From USA (1890) USA (1890) Japan (1947), Germany (1957) Japan (1947), Germany (1957) South Korea (1980) USA...
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