An Introduction to Antitrust in Asia (Excluding China)

This three session course provides an introduction to antitrust law in East Asia (with the exception of China, which will be covered in a separate course).  Although one of the most economically dynamic regions in the world, East Asia traditionally has relied on government direction rather than market forces to shape its economy.  As East Asian governments free up their economies, and markets forces play an increasingly important role, antitrust is being recognized as an important factor in creating and protecting efficient markets abroad.

This course starts with a brief introduction to legal systems in East Asia with an emphasis on how the differences between countries affect antitrust.  Next, the course examines cartels, abuse of dominance (monopolization) and mergers in East Asian markets.  The focus of this course is to answer the question of whether East Asian antitrust is different from more established regimes in Europe and the United States, and to address how the ramifications of this new economy will impact antitrust practitioners, lawyers, and economists.

Suggested Reading

Koki Aria, The Role of Competition Policy in the APEC: Comparative and Japanese Case Studies, GCP Magaine, available at www.globalcompetitionpolicy.org.

John M. Connor, Global Antitrust Prosecutions of International Cartels: Focus on Asia.

Randall Peerenboom, Asian Discourses of Rule of Law

Daniel Sokol, Monopolists Without Borders: The Institutional Challenge of International Challenge of International Antitrust in a Global Gilded Age

Symposium: APEC Competition Policy and Economic Development

Memorandum by Byung-Geon Lee, translating and summarizing Korea Fair Trade Commission’s Intel decision