This chapter explores the interface between competition and consumer policies, law and institutions as it is emerging in ASEAN. It analyses the reasons for the traditional separation of these two fields, both generally and ASEAN in particular, and then explains the case for an integrated approach to policymaking and a coordinated approach to institutional design, pointing to international examples of such approaches. The chapter considers the evidence of integration and coordination in ASEAN to date, and considers reasons for the functionally silo-ed approach that has been exhibited in most member states thus far. It argues that increased recognition of the positive interdependencies between competition and consumer policies should be a key element of ASEAN’s future development, consistent with theories of networked governance, trading up and contextualised transplantation.

Consumer product safety law has become a core element of consumer protection law in almost all ASEAN member states. Reforms began by creating post-market intervention powers for consumer affairs regulators, allowing them to ban or recall goods found to be unsafe; and sometimes pre-market powers, to set minimum safety standards. Yet many general consumer affairs regulators still lack capacity and jurisdiction, especially for pre-market powers, limiting capacity to exercise even post-market regulatory powers and to engage in proliferating cross-border standard-setting networks. The Chapter also examines the relationship between regulators and NGOs, as well as with private litigants who may wish to turn instead to the court system to obtain relief for harm from unsafe goods. Five ASEAN states have enacted strict product liability legislation. Indeed, although inspired by 1985 European Union legislation, the versions in Southeast Asia generally are more pro-plaintiff in various ways. Yet there are almost no court filings. Appendices present two extended case studies: informal networks promoting food standards and safety, and formal agreements harmonising cosmetics regulation.

This chapter draws together themes of the earlier chapters to how consumer protection law reform might be advanced in a manner consistent with the evolving 'ASEAN' way in order to effect real and postive change for consumers and markets. We focus on aspects of transgovermentalism and especially 'shared regional value' as a way of conceiving and advancing an operational mechanism among ASEAN member states that may lead to effective consumer protection regulation while retaining regional autonomy and diversity.

Consumer law and policy generally envisages that consumer interests are best advanced by prohibiting abusive marketplace practices and promoting competition. This chapter proposes the framework be sophisticated for the provision of professional health services. Arguably, universal access to health services is a basic human right. Thus, the consumer interest is best understood within a human rights and a marketplace framework. These two frameworks do not always sit comfortably together, as illustrated in this chapter. The chapter explores the impacts of ASEAN’s market liberalisation strategies upon the delivery of professional health services. One strategy involves regional mutual recognition of health qualifications. This could enhance consumer interests by increased movement of medical practitioners to areas of regional need. Conversely, it could lead them to shift from low-income countries where universal access needs are acute to countries where practitioners receive higher incomes. The chapter concludes with an examination of how ‘health tourism’ is being promoted by some ASEAN members for economic benefit. However, these apparent benefits maybe somewhat illusory.

This volume chronicles the experience of ASEAN Member States in pursuing trade and investment liberalization in services markets. Using a multidisciplinary and comparative regionalism lens, drawing on law, economics and global political economy, it takes stock of ASESAN achievements to date in opening services markets; identifies a number of the challenges that the regional grouping can be expected to encounter on the way to realizing the AEC Blueprint 2025 aims; and situates such efforts against the backdrop of efforts at creating a European Single Market for services.

Chapter 4 provides a detailed reading of the progress achieved to date in the negotiated opening of services markets under both AFAS and PTAs entered into (or currently being negotiated) with third parties both by ASEAN as a whole and by individual ASEAN Member States.