THE HARMONIZATION OF BUSINESS COMPETITION REGULATION IN ASEAN ECONOMIC COMMUNITY FRAMEWORK

Rahutami, Angelina Ika and Lestari, Murti (2011) THE HARMONIZATION OF BUSINESS COMPETITION REGULATION IN ASEAN ECONOMIC COMMUNITY FRAMEWORK. In: International Conference in Management Sciences and Decision Making (ICMSDM), Tamkang University, New Taipei City, Taiwan, R.O.C..

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Abstract

Economic globalization is a condition that cannot to be avoided. Due to the economic globalization problem, many countries develop the bilateral, multilateral, and regional economic agreement. In varying degrees of economic cooperation agreement, the business competition and antitrust law or regulation is one of the main topics that also should be discussed. The business competition and antitrust law or regulation is an important instrument to ensure that free trade can work well. The existence of business competition and antitrust regulation aims to avoid the unfair business practices. The fair business and trade competition brings positive impacts to welfare society such as innovation and product variation. In fact, the competition regulation cannot be directly included in the agenda in trade or economic agreements because of differences in philosophy and goal of regulation. Recently, ASEAN countries are going to initiate the ASEAN Economic Community (AEC) in 2015. The AEC scope is broader than the AFTA arrangement because it covers goods, services, investment and production factors liberalization. In order to achieve the AEC framework, the setting in ASEAN business competition regulation is absolutely needed. This study aims to describe the trade condition in ASEAN, compare business competition regulations among ASEAN five and make recommendation about business competition regulations. This study analyzed and compared the competition regulation of five countries’ (Indonesia, Malaysia, Singapore, Thailand and Philippines). The qualitative study was used to find out how high the differences of business competition regulation among ASEAN countries. The result of this study showed that the competition law in each member of ASEAN was still weak. Until now, not all countries have antitrust law. This study also showed that Singapore, Indonesia and Thailand were the members of ASEAN that applied the antitrust law in most advanced. This study also found that small scale of market, protection to indigenous businessman, unpreparedness of institution, and lack of government political were the cause of the competition law has not been made. The difference of antitrust practice between countries allowed for unfair business and trade. Based on these results, ASEAN needs to arrange an arrangement of competition regulation among members because harmonization of competition and antitrust regulation will give a benefit for ASEAN economies. Competition regulation should be harmonized through the formal institution like ASEAN Consultative Forum on Competition (ACFC).

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Business Competition Regulation, Antitrust Law, Harmonization, AEC framework.
Subjects: 300 Social Sciences > 330 Economics
300 Social Sciences > 330 Economics > International Economics
Divisions:
Depositing User: Mrs Angelina Ika Rahutami
Date Deposited: 19 May 2017 06:39
Last Modified: 19 May 2017 06:39
URI: http://repository.unika.ac.id/id/eprint/14287

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