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3 - Diversity of National Competition Laws in the ASEAN Region and the Resulting Challenges for Businesses Operating in the Region

Published online by Cambridge University Press:  16 February 2018

Burton Ong
Affiliation:
National University of Singapore
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Summary

The ASEAN nations have put in place strategic measures and mechanisms to establish effective competition law regimes for all remaining ASEAN Member States which do not have implemented competition laws. Traditionally, implemented competition laws in the ASEAN region are divided between “standalone” or “purist” competition laws aimed solely at maintaining competitive markets; and competition laws with trade law elements mixed within, i.e., competition laws incorporating consumer protection and fair trade elements. The challenge for businesses operating in multiple jurisdictions in the ASEAN region lies in complying with not only the different implemented competition laws, but also in navigating the varying degrees of enforcement of these national competition laws. This paper discusses the diversity of the implemented national competition laws and competition policies in the ASEAN region and the challenges this diversity poses to companies operating in multiple jurisdictions within the ASEAN region.
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