Research Handbook on Asian Competition Law
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Research Handbook on Asian Competition Law

Edited by Steven Van Uytsel, Shuya Hayashi and John O. Haley

This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
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Chapter 10: Hong Kong competition law and legal transplant

Thomas K. Cheng

Abstract

The adoption of competition law across the globe has largely been an exercise of legal transplantation. In this respect Hong Kong is no exception. The Competition Ordinance has embraced a US model of institutional design and the EU approach to the substantive rules. Most of the substantive legal rules and design of the exemption mechanisms were heavily influenced by EU law. Early indications by the Competition Tribunal also suggest that the Tribunal will rely heavily on EU jurisprudence in the interpretation and application of the Competition Ordinance. It looks likely that Hong Kong will join a long list of jurisdictions that are heavily influenced by EU competition law.

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