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 15: A legal transplant made unnecessarily complex: the Myanmar Competition Law

Steven Van Uytsel

Abstract

This chapter addresses the interpretive complexities surrounding the competition law in Myanmar. The chapter indicates that this problem is particularly acute when the law deals with the following issues. First, the subjective scope of the Myanmar competition law is determined by the concepts of businessman and person. Are they identical? Second, the concept of acts restraining competition raises the question of limiting this concept to agreements or also expanding it to include unilateral conduct. Third, powerful market participants are addressed through four different concepts: dominant position, business power, monopolization and extreme increase of dominance. However, the law does not explain how to differentiate these concepts. Without addressing these interpretative uncertainties, the chapter holds, the Myanmar competition law will be confusing for the business world and legal practitioners.

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