STATUS OF COMPETITION LAWS
AND THEIR IMPLEMENTATION
IN THE ASIA-PACIFIC REGION
- A BRIEF REPORT
Pradeep S. Mehta
CUTS International
International Network of Civil Society Organisations On Competition
The Asia Pacific Region and
Competition Laws
A vast region with large diversity:
geography, culture, political regime,
level of development, etc.
This diversity cannot be ignored, and
indeed it reflects rather clearly, when
we talk about competition law in the
region.
The Situation
(on the Basis of Data analysed on 47 Countries)
Countries Countries in Countries Countries Countries
without a the process with an reviewing/ adopting a
competition of adopting established amending new
law a competition their competition
competition law competition law to
law law replace the
old one
12 8 27….Out of 7 4
which
Some Interesting Flashes
Bad news
Indifferent news
Good news
Business opposition impeding adoption/
improvement of competition law
Japan,
India,
Thailand,
Indonesia,
Philippines
Low level of economic development,
small industrial base as hindrances
Myanmar,
Lao PDR, and
Bangladesh, but
Bhutan
Competition law a hard nut to crack?
Malaysia
Philippines
Poorly drafted/enforced law; Lack of
political will; budget;expertise and other
constraints showing a sad picture
Thailand,
India,
Sri Lanka,
Pakistan
Stringent Competition Law Scaring
Away Foreign Investors?
Pakistan and
Sri Lanka
WTO Discussions: Pushing Force or
Dampener?
(+) Nepal and Cambodia
(-) Bangladesh and Malaysia
The Need for External Political
Lock-in
China,
Vietnam and
Lao PDR
Externalities help more than
domestic demands?
Jordan
Singapore
Remove industrial policy’s capture on
the enforcement of competition law
Japan, and
Korea
Sectoral approach instead of specific
competition law
Hong Kong and
Macao, but
Singapore
Advocacy by civil society
Nepal,
Malaysia,
Indonesia, and
India
Self-realisation
India,
Thailand,
Papua New Guinea,
Indonesia
The Way Ahead
Not a completely rosy picture, especially as
regards implementation quality of the law
Optimistic signs:
- Increasing appreciation of the need/urgency of
having a competition law and the importance of
effective enforcement
- Increasing technical assistance and cooperation
More advocacy to popularise the law,
improve enforcement and frame suitable
cooperation framework
Thank You!