Wendy Ng is a Senior Lecturer at Melbourne Law School. She researches on competition law, focusing on China and ASEAN, international and comparative law, and political economy issues. Her book, ‘The Political Economy of Competition Law in China’, was published by Cambridge University Press in 2018. She has worked with the Australian Competition and Consumer Commission and other development partners to support the introduction and development of competition law and policy in ASEAN. Prior to academia, Wendy worked as a lawyer at leading commercial law firms in Melbourne and New York.
Melbourne Law School
Melbourne Law School
Technical assistance, legal transplants, and the development of competition law in ASEAN
"Competition law is relatively new within the Association of Southeast Asian Nations (ASEAN) region. Whilst competition laws within ASEAN are not identical, they regulate similar conduct and seem to have been influenced by other jurisdictions’ competition laws as well as the ASEAN Secretariat’s competition law guidelines. Similarly, competition laws around the world display a high degree of convergence, as they tend to be modelled on US and EU competition law and are consistent with competition law norms promoted by international organisations.
There are a number of reasons why jurisdictions might choose to adopt similar competition laws. One reason might be the technical assistance that they receive to help them adopt new competition laws or reform existing ones. Yet little research has been done on whether and how technical assistance actually influences competition law.
This paper will explore this question by examining ASEAN’s experiences with technical assistance and competition law development. In particular, it will study Brunei, Cambodia, Lao PDR, Myanmar, and the Philippines, as they have recently drafted and/or adopted competition laws and received technical assistance to support these efforts. Drawing on interviews with key stakeholders, this paper will focus on the experiences of those who receive technical assistance and evaluate how those experiences, along with other factors, shape the adoption, understanding, and implementation of competition law."