Gideon, Andrea 
ORCID: 0000-0002-6790-8545
(2022)
Transplanting EU Competition Law in ASEAN: Towards a context informed Method of Investigation.
Asian Journal of Comparative Law, 17 (1).
pp. 1-23.
Abstract
When reading the competition law statutes of countries like 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 coun-tries, focusing especially on ASEAN, based on inter-disciplinary insight into the social, cultural, political, and economic contexts in the receiving countries. For this it engages with the theoretical underpinnings of legal transplants and comparative law. It has become increasingly recognized in critical comparative le-gal 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 the legal and non-legal contexts will help to un-derstand more fully the role of competition law in those non-EU countries that have opted to transplant the EU model.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | 16 Peace, Justice and Strong Institutions |
| Divisions: | Faculty of Humanities and Social Sciences > School of Law and Social Justice |
| Depositing User: | Symplectic Admin |
| Date Deposited: | 03 Sep 2021 07:18 |
| Last Modified: | 17 Mar 2024 12:39 |
| DOI: | 10.1017/asjcl.2022.4 |
| Open Access URL: | https://www.cambridge.org/core/journals/asian-jour... |
| Related URLs: | |
| URI: | https://livrepository.liverpool.ac.uk/id/eprint/3135654 |
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