Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
Rezensionen / Stimmen
'This is an exemplary piece of social research that illuminates an important feature of international competition law and business arbitration. As well, it stands a model for all those who want to undertake comparative research on law and legal culture. It should have a wide readership far beyond those interested in Asian-pacific business law and practices.' Malcolm M. Feeley, Claire Sanders Clements Dean's Professor of Law, Emeritus; Jurisprudence and Social Policy Program, School of Law, UC Berkeley 'This book deeply describes the influence of Confucian culture on competition law in East Asia. Confucianism certainly influences politics, economy, society and law in China, for example, competition was deemed as a dreadful monster of capitalism in China even in the 1980s. However, even China's competition law will be imprinted with traditional culture inevitably, but its development depends almost solely on the breadth and depth of China's economic system reform.' Xiaoye Wang, Distinguished Professor, Shenzhen University; Professor of Law, Chinese Academy of Social Sciences 'This book is an outstanding work and a tour de force for everyone interested in competition policy and in business law and culture as well. When, in the wake of globalisation and of worldwide spill over of competition policy spurred by the International Competition Network, competition rules have expanded its role in East Asia, especially in China. It is fundamental to understand, as the authors rightly argue, that culture contributes to the shaping of its institutions. Reading this book is a major first step for understanding that reality and its far-reaching consequences.' Luis Silva Morais, Jean Monnet Professor of Law, University of Lisbon 'This rousing monograph deals with Confucius and antitrust law; with differences and similarities between Western and Eastern regimes of competition policy, antitrust law and legal application and enforcement; with different legal and organizational cultures and finally - and this is where it gets really exciting - with the different legitimacy of legal disputes in East and West, because if a deficit in legal disputes can be detected in Far Eastern countries, such a finding cries out for explanation.' Jacob Kornbeck, OEZK - Austrian Competition Journal
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Produkt-Hinweis
Illustrationen
Worked examples or Exercises
Maße
Höhe: 151 mm
Breite: 230 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-1-108-73856-9 (9781108738569)
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Schweitzer Klassifikation
Jingyuan Ma is Associate Professor at the School of Law of Central University of Finance and Economics, Beijing, China. She obtained her PhD from the University of Hamburg, Erasmus University Rotterdam and the University of Bologna, taking part in the European Doctorate in Law and Economics programme (EDLE). Mel Marquis is Deputy Associate Dean and Senior Lecturer at Monash Law School, Melbourne, Australia. He has taught law at several universities in Europe and Asia. He is Special Editor for Competition Law of European Papers: A Journal on Law and Integration, and he is a member of the Centre for Commercial Law and Regulatory Studies. He is a co-founder and co-director of the Monash Inter-Faculty Competition Law and Economics group, and a co-founder of the Rome Antitrust Forum.
Autor*in
Monash University, Victoria
1. Introduction; 2. Confucian Culture and Its Influence in East Asia; 3. Confucian Business Culture and Its Implications for Competition Law; 4. Confucian Corporate Culture and Competition Compliance; 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law; 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement; 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct; 8. Conclusion.
