In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved.
The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ¿
including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ¿ to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following:
mergers and acquisitions;
enforcement policies and sanctions;
national cultures and traditions;
concentration indexes and dominance indexes;
striking the right balance between competition and regulation;
reconciling competition policy and development policies.
Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.
Preface. About the Authors. 1. Introduction. Internationalization of Competition Laws: Levels of Diversities; U. Immenga. 2. Reports by Representatives of Foreign Competition Authorities. Competition, Trade and Development before and after Cancun; F. Jenny. Regional Cooperation between Competition Authorities; U. Boge. Canadian Perspectives on International Competition Cooperation; S. Southey. Current Development of Competition Law and Policy in Indonesia; P. Radja Silalahi. 3. Globalization and the Development of Competition Framework. Globalization and the Competition Analytical Framework: Some Mexican Experiences; P. Garcia Alba. Competition Policy as Welfare-Enhancing Complement to Trade Liberalization: A United States Perspective; A.F. Abbott. Globalization and Development of Competition Policy in the Russian Federation; A.B. Letin. Refreshed Approaches to the Development of Global Competition Framework; C. Lo. 4. Competition Framework for Technological Innovation. Intellectual Property Rights and Competition Law: Making Them Co-Exist; J. Martin. Patents and Standards; C. Heath. Policy Issues in Efficient Collaboration through a Patent Pool; S. Nagaoka. A Discussion of the Relationship between the Patent Law and the Fair Trade Law in Taiwan with a Review of the Philips CD-R Decisions; Ming-Yan Shieh. Technological Innovation, the Knowledge-Based Economy and Competition Policy; G. Jyh-yih Hsu. 5. Competition Framework for Financial Reform. Korea¿s Competition Framework in the Financial Industry; Nam-Kee Lee. Taiwan¿s Financial Reforms and Competition; Len-yu Liu. 6. Competition Framework for Developing Economies and Technical Assistance. A Competition Framework for Developing Economies and Technical Assistance; B.J. Phillips. Reconciling Competition Policy with Development Policies: The Case of Malaysia; Lee Kam Swee. Competition Law in Indonesia: Framework and Technical Assistance; S. Maarif. Annex: Roundtable Discussion. Abbreviations. Table of Cases. Table of Treaties, Statutes, Codes and Laws.