International Legal Order and Domestic Law ; Tasks of Competition Law for Establishing an Economic Community in East Asia

Abstract

After China introduced the market economy, the volume of economic exchange and cooperation in East Asia grew more rapidly. In order to promote this cooperation, one could also expect to establish a common market in East Asia also, similar to EEC and NAFTA. However, there are many obstacles that prevent the establishment of the common market in this area. Therefore it is highly recommended for the legal professionals to join in research to remove these obstacles. This paper, in order to promote this effort, focused on conducting research only in competition law. Most countries in East Asia have introduced competition law, in order to maintain the proper function of the market economy. Japan was the first country in Asia to introduce a competition law, followed by Korea and Taiwan. China is still in the process of legislation since joining the WTO. In general, competition laws prohibit or regulate monopolies and oligopolies, mergers, collaborative acts and unfair trade practices in order to maintain or promote free and fair competition; in this aspect, the competition laws of East Asian countries are the same. The competition law of each country, however, shows substantial differences in specific content and regulatory procedure. The countries in East Asia need to develop their institutions to meet the global standard by means of comparing and examining their institutions and experiences with those of Europe and the United States at the same time as verifying the characteristics of Asian competition law and overcoming the limitations of these through their mutual comparison and research. In order to...이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2005학년도 학술연구비 의 보조를 받았음