Shuya Hayashi, Kunlin Wu and Benjawan Tangsatapornpan
Information distributed and processed on information and communication technology (ICT) networks continues to expand and diversify as a result of the evolution and widespread use of mobile devices and the progress of Internet of Things (IoT) technologies – a robust network of devices embedded with electronics, software and sensors that enable them to exchange and analyse data. In light of the quantitative and qualitative expansion of information use, many advanced research projects have been undertaken for the purpose of understanding how to extract the value of data with big data analytics and artificial intelligence (AI)-based technologies. The advancement of AI networks however creates new problems from a competition law point of view relating directly to the large data concentration and retention possibilities that AI networks generate. The purpose of this chapter is to address how AI network developments and innovations are likely to run into competition law concerns including the nature of the pressure created by the data collection potential of AI networks, the manner in which the AI network and competition ecosystem interact with each other in their development process and whether this interaction leads to competition law concerns. The chapter concludes with proposals for possible strategies.
Shuya Hayashi, Kunlin Wu and Xiaoyu Ma
The Japanese competition law (AMA) has been developed and has changed under varying political and economic circumstances across time. Although the AMA was enacted and amended under the influence of US and EU competition laws, Japanese-style characteristics distinguish the AMA vividly from other competition laws. In order to better understand how Japan shaped its own view on the AMA, this chapter provides an overview of the history of the AMA enforcement, and points out major differences in the AMA when compared to the US or EU competition laws. It subsequently summarizes factors that triggered or influenced the recent AMA amendments, aiming to depict the uniqueness of the AMA in Asian competition laws.
Steven Van Uytsel, Shuya Hayashi and John O. Haley
This book aims to elaborate on whether Asian competition laws converge with or diverge from the competition laws that have inspired their drafting. For this reason, the book chapters elaborate on the modelling process of the respective country’s competition law (which competition laws stood as a model for both the original version and, if any, its amendments) and to what extent and for what reason(s) the legislator or enforcer gave his or her own direction to their respective competition law. In other words, the aim is to identify specific characteristics of the respective competition law. This research is done for Cambodia, China PRC, Hong Kong, Indonesia, Japan, Korea, Malaysia, Myanmar, Philippines, Singapore, Taiwan, Thailand and Vietnam.