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Transplanting EU competition law in Asean

Towards a context informed method of investigation

Bibliographic Data

ID21832872
AuthorsAndrea Gideon (0000-0002-6790-8545, University of Liverpool, corresponding author)
Year2022
Volume17
Issue1
Pages1-23
Publication date2022-07-01
Open AccessYes
TypeARTICLE
VenueAsian Journal of Comparative Law (JOURNAL)
Journal identifiersISSN: 1932-0205 • E-ISSN: 2194-6078
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/asjcl.2022.4
OpenAlexW4225265858
LanguageEN
References cited12

When reading the competition law statutes of countries such as Singapore, Malaysia, Brunei Darussalam or, to a lesser extent, the Philippines, it quickly becomes clear to anyone who has studied EU competition law in any detail that these statutes have been inspired by or, indeed, partly been copied verbatim from EU competition law. Yet, do these transplants actually work the same way in the receiving countries? Is that even possible at all? And how are we to understand any deliberate changes which have been made to the transplants? The article aims to develop a method for investigating EU competition law transplants in non-EU countries, focusing especially on ASEAN, based on inter-disciplinary insight into the social, cultural, political, and economic contexts in the receiving countries. For this, the article engages with the theoretical underpinnings of legal transplants and comparative law. It has become increasingly well-recognised in critical comparative legal research that it is essential to go beyond the legal perspective, but this is still rare in competition law comparison. A sound method taking into consideration legal and non-legal contexts will help us to understand more fully the role of competition law in those non-EU countries that have opted to transplant the EU model

Business · Comparative law · Competition law · Economics · European union · Geography · International trade · Law and economics · Market economy · Political science · Sociology · Statute · European and International Law Studies · International Arbitration and Investment Law · Law · Legal case studies and regulations

  • The Impossibility of ‘Legal Transplants’

    Open Access•Pierre Legrand•Maastricht Journal of European…•1997

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    Open Access•Mindy Chen-Wishart•International and Comparative Law…•2013

  • Rethinking Competition Law within the European Economic Constitution

    Open Access•Anna Gerbrandy•JCMS Journal of Common Market…•2019

  • Legal Irritants

    Open Access•Gunther Teubner•Modern Law Review•1998

  • Comparative Law by Numbers? Legal Origins Thesis, Doing Business Reports, and the Silence of Traditional Comparative Law

    Ralf Michaels•The American Journal of…•2009

Highly citedNo

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