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In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit?
Dufková, Barbara ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee) ; Petr, Michal (referee)
In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit? Abstract The thesis aims to identify a fitting competition law regime for ASEAN countries. It operates upon presumption expressed in the scholarship on legal transplanting and competition law and development that for a transplanted competition law to be successful, it has to be tailored to fit the domestic environments. As the thesis observes that in adoption of their competition regulation, ASEAN member states resorted to legal transplanting of competition models from other jurisdictions, especially that of the EU, tailoring the EU model to fit their domestic conditions seems to be a key to their success. These differences in domestic conditions resulting in different national competition laws will also influence the design of a region-wide competition law regime that is being constructed. To identify those market-related needs and pain-points of ASEAN members states, the thesis classifies them into clusters depending on their level of economic development. Singapore, Malaysia and Vietnam (the examined jurisdictions) were selected as representatives of the economies of ASEAN member states from the most developed to the least developed ones. The thesis first analyses...
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Success in Legal Transplanting
Dufková, Barbara ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
Success in Legal Transplanting Abstract The thesis deals with the conceptualization of success in legal transplanting. The thesis identifies legal transplanting as a dominant method of adoption of law in a globalized world. Yet, it points out that there is no agreement as to how to assess whether a legal transplant has been successful or not. Despite the lack of such an agreement, the thesis observes that the literature on legal transplanting suggests a variety of criteria that may be useful to examine or factor in the evaluation of success or failure of legal transplants. Against this background, the thesis strives to dive deeper into the scholarship on legal transplanting to, first, analyze how success or failure in legal transplanting is defined in the scholarship, and second, examine what criteria or benchmarks are used to evaluate such success or failure. To answer those research question, the thesis will first introduce the concept of legal transplantation and set it within the general framework examining the relation between law and society. It will then move to the literature on legal transplanting itself to identify how success or failure is understood in the scholarship. To complement this general and theoretical enquiry, the thesis will also look into specific case studies evaluating legal...
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Chinese Antimonopoly Law in the Light of Competition Law of the European Union : Comparative Perspective
Dufková, Barbara ; Šmejkal, Václav (advisor) ; Tomášek, Michal (referee)
Chinese Antimonopoly Law in the Light of Competition Law of the European Union: Comparative Perspective. The subject of the thesis is the comparative analysis of Chinese antimonopoly law and competition law of the EU. The thesis aims to identify the traces of the competition law of the EU in Chinese antimonopoly law as well as analyze transplanted legal concepts, in order to determine, whether these concepts are endowed with the same normative reach. The first part of the thesis provides brief introduction into the history of antimonopoly law in PRC. Following chapters analyze relevant parts of AML and implementing regulation, which are after short description of the corresponding arrangement in European law compared with the latter. General principles and definitions, which are applicable in all pillars of competition law, are dealt with in the first place. Further the analysis of the agreements restricting competition, abuse of dominance, as well as mergers of undertakings follows. With regard to the importance of effective application of antimonopoly law in practice, a short chapter is also devoted to the role of courts in implementation of antimonopoly law in PRC. The closing part sums up the pillars of competition law, which have been built on the model of the competition law of the EU and...
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