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9 - Antitrust Appraisal of Vertical Agreements in the ASEAN Economic Community

Proposals for a More Harmonised Approach

Published online by Cambridge University Press:  16 February 2018

Burton Ong
Affiliation:
National University of Singapore
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Summary

In spite of the ASEAN goal of harmonising national competition policies and laws, the ASEAN Member States (AMSs) adopt an array of different approaches towards a number of procedural and substantive competition law issues, including the substantive appraisal of vertical agreements. The question of whether, and if so how, analysis of vertical agreements under the competition laws of the AMSs should be aligned has, to date, received little attention from ASEAN competition agencies. The Chapter concludes that although greater harmonisation of policies towards vertical agreements might be desirable, it will be a challenge to achieve within the existing national systems without some legislative changes and significant cooperation between the ASEAN competition authorities. Given the different perspectives that the separate legislative regimes reflect, debate will be required to build consensus around a more uniform approach that can effectively be implemented within each of the national systems.
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Publisher: Cambridge University Press
Print publication year: 2018

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