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2 - Regionalisation of Competition Law and Policy in ASEAN

Why, How and When?

Published online by Cambridge University Press:  16 February 2018

Burton Ong
Affiliation:
National University of Singapore
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Summary

As part of the establishment of the ASEAN Community and the ASEAN Economic Community, the ASEAN Member States must implement the commitments detailed in a new blueprint, the ASEAN Economic Community Blueprint 2025. As with the earlier blueprint in 2015, this blueprint had also included competition-related commitments, both at national and regional levels. This chapter discusses the regionalisation of competition regime in ASEAN by looking at these three questions: 1. Why are the ASEAN Member States motivated to develop a regional competition regime? 2. How are the ASEAN Member States going to develop a regional competition regime? 3. When will the regional competition regime be established and implemented? This chapter observes ASEAN’s preference for the soft law approach, recognising and respecting the ASEAN Way, which has been dominating its work to develop and establish a regional competition regime. However, ASEAN and its Member States must commence work on establishing a regional competition regime based on the hard law approach for greater certainty for businesses and investors. This can only be achieved with strong institutional arrangement and support at both the regional and national levels.
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