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Mel Marquis

This chapter presents an overview of three competition law systems, those of Japan, Malaysia and the Philippines. While the Japanese competition law is one of the oldest statutory competition regimes in the world, the laws of Malaysia and the Philippines are of much more recent date. In analysing several substantive, procedural and institutional dimensions, each jurisdiction is discussed and assessed with reference to the others. The main antitrust prohibitions in each country are discussed; selected cases and trends are highlighted; and the contours of the merger regimes in Japan and the Philippines are described. The chapter takes account of competition law reforms that were either pending or being to some extent contemplated at the time of writing in Japan and Malaysia, including the adoption of a commitments procedure in the former and the hoped-for introduction of ex ante merger control in the latter country. In a concluding section the chapter pleads for still more fundamental legal and institutional reform in Malaysia, and questions the adequacy of the provisions regulating pecuniary penalties for competition law contraventions in the Philippines.

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Roberto Cisotta and Mel Marquis

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Edited by Mel Marquis and Roberto Cisotta

With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence.
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Patrick Actis Perinetto and Mel Marquis

This chapter examines the approaches of the Italian National Competition Authority (NCA) and the Italian courts when applying the prohibition against abuse of dominance in industries governed by sector-specific regulation (specifically, telecoms, rail transport and pharmaceuticals). On the basis of decisional practice and case law, certain trends seem to emerge. At the level of enforcement by the authority, there appears to be little hesitation to apply competition law, notwithstanding the existence of regulation and regulatory authorities whose task is often, even if technically on different grounds, to resolve the same behavioural issues that are the object of the NCA’s interventions. This consistent and even predictable enforcement trend across different sectors contrasts, however, with the more variable approach of the Italian courts. The courts have in some cases accepted the NCA’s interventions but have rejected others. The chapter traces these developments and attempts to explain the different approaches of the different institutions (regulatory authorities, the NCA and the courts) across the different regulated sectors. Keywords: Italian NCA; Italian courts; pharmaceuticals; rail transport; regulation of network industries; regulatory authorities; telecommunications