Competition law authorities around the world almost invariably make combating cartels an enforcement priority because such forms of collusive behavior are unequivocally harmful to competition.
Hard core cartel agreements typically involve one or more of the most anti-competitive forms of conduct — price-fixing, bid-rigging, market allocation and output restrictions — and frequently attract severe legal sanctions in most competition law jurisdictions.
However, despite the general agreement among these jurisdictions that cartel activities should be treated unfavorably as a matter of legal principle, the specific features of each legal regime vary from country to country as each jurisdiction must implement laws that are suited to their respective political and economic circumstances.
This title seeks to provide an Asian perspective on a range of legal issues related to anti-cartel laws across a selection of countries in Asia, including Japan, Korea, Taiwan, China, Hong Kong, India, Vietnam and Singapore.
Our goal is to examine contemporary issues facing the competition law regimes in these countries, with their diverse political systems and market conditions, and to provide insights into the policy challenges faced by their competition authorities in the enforcement of their national anti-cartel laws.
Cartels in Asia is composed of twelve chapters:
Chapter 1: Discretionary Surcharge System Model in the Japanese Cartel Law Enforcement
Chapter 2: Bid Rigging Initiated by Government Officials: The Conjuncture of Collusion and Corruption in Japan
Chapter 3: Leniency under the Japanese Antimonopoly Law Towards the End of the Cartel Archipelago?
Chapter 4: Is the Korean Innovation of Individual Informant Rewards a Viable Cartel Detection Tool?
Chapter 5: Competition Laws and Policies against International Cartels in Northeast Asia: International Cooperation for Effective Enforcement
Chapter 6: Cartels under the Taiwan Fair Trade Act: An Evolutionary Perspective
Chapter 7: Catching Cartels and Other Anti-competitive Agreements in Singapore
Chapter 8: A Review of Ten Years of Enforcement: Challenges and Prospects of the Vietnamese Cartel Regime
Chapter 9: Combating Cartels in India: The Enforcement Experience So Far
Chapter 10: Monopoly Agreements, Trade Associations and Competition Culture in China
Chapter 11: Trade Associations and Cartel Conduct under the New Hong Kong Competition Law Regime — An Enforcement Priority for the Competition Commission?
Chapter12: Punishing Cartel Behaviour: Means to Encourage Compliance with the Hong Kong Competition Ordinance