Confucian culture and its influence in East Asia -- Confucian business culture and its implications for competition law -- Confucian corporate culture and competition compliance -- Confucian political-bureaucratic culture and its links with the administrative enforcement of competition law -- Confucian 'litigation culture' and the under-development of private antitrust enforcement -- East Asian legal culture and the regional response to the criminalization of cartel conduct.
Summary:
"The modern concept of competition law as a proper activity of the State (or group of States, in the case of regional integration areas), and the philosophical orientations that underlie that concept, are largely 'western' inventions. Shortly after the enactment of the first modern antitrust law in the world in Canada in 1889, the United States promulgated the Sherman Act in 1890, and throughout the 20th Century this iconic Act had an enduring and growing international influence. In many dimensions, the dominant paradigms of the competition laws of the United States and the European Union have been assumed to be models fit for emulation in the competition laws of nations around the globe. While the United States and European Union models have important differences, they both embrace (notwithstanding vibrant academic debates) the conceptual foundations of classical and neoclassical economic principles. The extent to which these models resonate and are received as 'transplants' in other parts of the world, and in the present case East Asia, is an ongoing matter of inquiry and debate"-- Provided by publisher
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