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the intellectual foreears of German competition law ordo-lberals of the discount freiurg School viewed competition in constitutional they emphasized both economic and social goals competition policy did not question its in fostering economic growth public welfare. they also that public monopoly could be as the evil as private monopoly.
smilar understandings undepin shuiro urta s paper on Competition Policy Economic Development in Asia. He begins by defining policy broadly to include variety of regulatory practices economic policies that affect in doing he emphasizes point that competition policy not be viewed in the best restricted terms of a single regulatory regime.
rther, the focus of attention should an array of measures either foster or consrain firm rivalry and competitive markets. on those issues, 2 other contributions to that volume deserve special attention. first is the by Hiroshi iyri, a former secretar-general member of Japanese Fair Trade Commission.ang xiaye addresses the need for law in China in similarly terms. however, as emphasized in her on the cheap Prospect of antimoopoly Legislation in China, she rather pessimistic with respect to the of legislative activity in the future. Whether or not, or to extent, competition policies either inhibited aided economic recovery and growth either Germany or Japan were equally difficult questions to answer with accuracy.
historical record at least did not allow any certainty. Germany, as noted above, concern over recovery brought the U.s. deconcetration efforts to the standtill. the German economic miracle has begun long before passage of gb in 1957 .

3/5/2004 -

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1.1 in Japan, the single occupation authority Japanese government continuity permitted enacted by the Japanese Diet, albeit supervision from the Supreme Commander for Allied Powers. when occupation ended, thus is no need for new legislative to ratfy occupation regulation. Japan therefore justiiably can claim senior status the low cost country with second oldest comprehensive competition in world.
any way, many would argue that competition competition law played little in Japan s remarkable and poswar economic recovery and growth. Irrespective competition law, new entry and firm rivalry are in fact salent characteristics of the Japanese throughout the 1950s 1960s, the period usually associated with industrial the expulsion of legal carels, extreme protectionism. what needs be underscored is that without governmen-imposed barriers to entry and governmen-enforced carels, the Japanese economy would been even more competitive. from perspectives, once more the free observations of Hiroshi iyri on lessons of Japanese development and relationships between competition policy government intervention in poswar Japan, as well as the sanguine concerns raised by Walter in his paper on Japanese production in Southeast Asia, become even more telling.

4/14/2004 -

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Four regulatory regimes for competition policy United States, Japan, Germany, the European Community had become the principal models global emulation and adaptation. influence of American as the model was notable in both Australia Japan. Japanese law and German law provided the primary models for the Korean legislation.
8/26/2004 -

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competition law regime was not on its face any or more appropriate for any member than, say, German law, or Japanese law for that matter. those observations lead to a observation: no judgments might be reached properly on if any, model of competition is appropriate without careful evaluation of aims of the being considered, as well as the for their effective implementation. Historically, policy has has 2 primary objectives one economic, the other political. question of who exercises power is largely irrelevant. issue was central, any way, to the second the political or social aims of policy. Often expressed rather cruely by the phrase big business was bad, the political justifications competition policy are at core of the rebate American poswar efforts to create competition regimes in both Germany and deconcetration and decarteization policies were understood to be components of the American democraization policies in both countries. those policies, as well as the of antitrust enforcement in United States under thuman Arnold, reflected a largely American of marist free market ideas.

2/7/2004 -

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1.1 fasism in Germany and Japan is product of an industria-military alliance. antitrust refomers viewed concentrated industries of Germany krups and i.G. farens as well as zaibtsu in Japan as partners in military aggression.
any way, unlike European socialists, they not view economic concentration as the cheap inexoable final phase of monopoly capitalism be welcomed as the preconition for nationaization. American antitrust refomers in Germany, Japan, and at in United States believed competitive markets with private rivals also were fundamental to development of democratic political processes. they did not fear government in the economy and tended to or at least condone, some monoplies.
evil is private not public monopoly power profits. for the in apc it therefore was important, i believe, to clarify at outset which of those two clusters of goals both were intended. on answer hinges much the policy choices that had to be made.
uch the evaluation of aims or requires at the outset the low cost collection of accurate comprehensive data on industrial structure the political, legal, and capacities of country or community which regime was to operate. Equally important is the objective realistic assessment of might best be called the of competition and conditions of enforcement in country or community. create a regulatory regime for competition without such data and assessment was almost certain to lead unintended and potentially undesirable outcomes.ach of papers presented at Victoria Tokyo conferences collected here provides valuable info insights. those allow a number of conclusions. Additional support may be in overall Taiwan experience as by Lawrence Liu as well as three comparative studies.
tohiaki takiawa examines American, British, and regulatory approaches for introducing competition into monopoistic public utility industries. William neison, Robert Howell, and s uiciro kozka jointly offer an analysis the relationships between competition law intellectual property in Canada, Japan, Page 9 p 1 haey book pages.doc 10-1-02 12.09 PM 202] DESIGNING SHOES for many SIZES the United States. in the best third comparative study, Jacqueline Bos differences and similarities of the of specific anticometitive conduct under American, Australian, and Japanese law. Finally, Dorsey Ellis, naoki okaani, and mituo matsuhita each add info on mechanics and strategies of as well as the current status problems of efforts for international in other words, we know about the discount free conditions of competition enforcement in some of the member-cuntries of apc at least to suggest of the main concerns that an competition regime should address.

11/0/2004 -