Dr. Nguyen Anh Tuan : Theories of Competition Law Transplants
We are pleased to announce a presentation by Partner Dr. Nguyen Anh Tuan of LNT & Partners:
Theories of Competition Law Transplants
Copying substantive laws and employing comparable penalties generate healthy laws in developing countries (DCs), but will these efforts necessarily produce outcomes identical to their developed counterparts? The answer is unfortunately often negative, particularly in the field of competition laws. Since the early 1990s leading scholars had been searching for possible explanations to clarify this phenomenon. It seems like a general consensus was reached that competition policies and laws in developed jurisdictions are based on the assumption of a free market and appropriate supporting institutions which are so imperative that if absent the law of supply and demand cannot fully function. Varying from this perceived-ideal concept, developing countries cannot comply because the prerequisites and necessary conditions are either absent or extremely limited. Put differently, competition laws and policies have been designed only to accommodate developed economies.
Consequently, one would rationally question the benefits of implementing competition laws and policies in DCs. Current debates remain despite two thirds of developing countries already having a competition law regime enacted. The lecture focuses on examining two main questions: (i) Is an exact duplicate of competition law structure in developed countries desirable for DCs? (ii) If not, then how could it be customized to specific conditions of DCs? The enactment and enforcement of Vietnamese competition law will be discussed as a case study for the applicability of competition law transplant theories in practice.
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