Wendy Ng is a Senior Lecturer at Melbourne Law School. Wendy researches on competition law, focusing on China, international and comparative law, and political economy issues. She completed her PhD and LLB at the University of Melbourne and LLM at Columbia University. Her book, ‘The Political Economy of Competition Law in China’, was published by Cambridge University Press in 2018. She has received a number of awards for her doctoral and postdoctoral research, including the University of Melbourne’s Chancellor’s Prize for Excellence in the PhD thesis and 2018-2019 ABA Section of Antitrust Law International Scholar-in-Residence Award. Wendy was previously a lawyer at leading commercial law firms in Melbourne and New York.
University of Melbourne
University of Melbourne
The Global Development of Competition Law: Insights from ASEAN
Competition law is a relatively new concept in the Association of Southeast Asian Nations (ASEAN) region. Whilst the national competition laws and underlying institutional arrangements vary from member state to member state, there is also a considerable degree of similarity across them. This dynamic within ASEAN reflects a broader trend of convergence of competition laws around the world. There are a number of possible explanations for why countries might choose to adopt similar laws. One potential explanation is legal technical assistance, which is often provided to assist with the adoption of new competition laws or with reforms of existing competition laws of young and relatively inexperienced competition regimes. Its role and influence, however, both as specific to competition law and legal development more generally, has been very much underexamined. This paper will begin to address this gap by examining the extent to which, and how, legal technical assistance has influenced the development and implementation of competition law in ASEAN. It will conduct case studies of the competition laws of Brunei Darussalam, Cambodia, Lao PDR, Myanmar, and the Philippines. They are the ASEAN member states to have most recently drafted and adopted competition laws and received legal technical assistance to do so. These case studies will focus on their experiences relating to the drafting of the law and draw substantially from interviews with those involved with the drafting of the law, providing an empirical perspective and basis that has been lacking in much of the research to date. This paper aims to provide empirically-informed, comparative, and interdisciplinary insights about the development of competition law around the world, the dynamics and impact of legal technical assistance, and its place in legal development.