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How far reach the goal of ASEAN market integration? : reflect through the readiness of ASEAN Competition Law and Policy in coping with an abuse of a dominant position |
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| รหัสดีโอไอ | |
| Creator | Rungnapa Adisornmongkon |
| Title | How far reach the goal of ASEAN market integration? : reflect through the readiness of ASEAN Competition Law and Policy in coping with an abuse of a dominant position |
| Publisher | Department of Public Administration, Faculty of Liberal Arts, Kalasin University |
| Publication Year | 2558 |
| Journal Title | Political Science and Law Journal Kalasin Rajabhat University |
| Journal Vol. | 4 |
| Journal No. | 1 |
| Page no. | 27-54 |
| Keyword | anti – competition, dominant position, ASEAN, market integration, การแข่งขันไม่เป็นธรรม, การมีอำนาจเหนือตลาด, อาเซียน, การรวมตลาด |
| URL Website | https://so01.tci-thaijo.org/index.php/gjournal-ksu |
| Website title | Governance Journal, Kalasin University |
| ISSN | ISSN 2286-9328 (Print) |
| Abstract | The approach to regulate unfair competition and support a free market as a common market in the EU there has common rules which based on the Treaty on the Functioning of the European Union (TFEU) including a supranational institution as the EU Commission, Directorate-General for Competition and the Court of Justice of the European Union (CJEU) to enforce the laws. While the ASEAN has competition policy and law (CPL) which based on the ASEAN Charter and the AEC Blueprint; however, it does not have a supranational body to cope with a distorted market also CPL were not instrument of enforcement of anticompetitive conducts. As the dispute resolution mechanism, ASEAN relies on the traditional ASEAN Way which premised on the principle of consensus that might be an inappropriate approach in the reality in particular coping with the problem of the abuse of a dominant position by refusing to license Intellectual Property Rights (IPRs). To deal with this type of anticompetitive practice it needs ordering a compulsory licensing. Lacking of a supranational body to enforce common competition rules and diversity of competition laws among ASEAN Member States may obstruct the goal of regional economic liberalization and market integration. Eliminating or at least reducing anticompetitive practice will facilitate the regional market integration. The article concludes that to expect the ASEAN market integration in real it should look other regional models as the EU in coping with anticompetitive conducts and restrictions. |
