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On the Public-Law Character of Competition Law: A Lesson from Asian Capitalism

NUS - Centre for Law & Business Working Paper No. 14/02

NUS Law Working Paper No. 2014/004

NUS - Centre for Asian Legal Studies Working Paper No. 14/05

102 Pages Posted: 9 May 2014 Last revised: 16 Jul 2016

Michael W. Dowdle

National University of Singapore (NUS) - Faculty of Law

Date Written: April 21, 2014

Abstract

This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the innately political balancing that these different forms of capitalism, and their different dynamics of competition, require and provoke. Recognizing that competition law is ultimately a form of public law allows us to visualize this inevitable process of political balancing, and thereby begin to address the issues it raises.

Keywords: Competition law and antitrust, Public Law, Comparative law, Economic regulation, Asian law

Suggested Citation

Dowdle, Michael W., On the Public-Law Character of Competition Law: A Lesson from Asian Capitalism (April 21, 2014). NUS - Centre for Law & Business Working Paper No. 14/02; NUS Law Working Paper No. 2014/004; NUS - Centre for Asian Legal Studies Working Paper No. 14/05. Available at SSRN: https://ssrn.com/abstract=2434469 or http://dx.doi.org/10.2139/ssrn.2434469

Michael W. Dowdle (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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