International Cooperation and Harmonization in Competition Law

Experience from Legal Assistance in Asia in the Field of Competition Law

Abstract

Experience with various legal assistance projects for developing countries in Asia shows that the situation and level of development of competition law regimes differ greatly among the many Asian countries. What kind of legal assistance in the field of competition law each such country needs therefore depends on the specific local situation. To improve legal assistance in Asia, the Japan Fair Trade Commission (JFTC) should develop a more sophisticated strategy of legal assistance for future medium- and long-term assistance projects and should coordinate such projects better with other partners in Japan and with potential co-operation partners in other developed countries that also provide legal assistance to countries in Asia. Moreover, the specific needs, perceptions, and principal legal values of the receiving countries have to be taken into account more. In particular, legal assistance in Asia has to consider that there is a general tendency in many Asian countries to put more emphasis on ensuring fair competition than on ensuring free competition. It is therefore not promising to only implement Western models of competition law frameworks, which at present often prioritize ensuring free competition and efficient markets. Japan can be a good example for many Asian countries, because the regulation of unfair trade practices is a very important aspect of Japanese competition law.

(The Editors)