Title Page
ABSTRACT
ABBREVIATIONS
Contents
Chapter 1. Legal perspective on Competition in Cambodia 16
1.1. Brief introduction to Competition law 16
1.1.1. General concept of Competition law 16
1.1.2. General approach to competition law 17
1.2. Competition Law in ASEAN Countries 19
1.3. Cambodia Evolution and Economic Environment 22
1.3.1. Other regulations concerning on competition in Cambodia 23
Chapter 2. A Study on Draft Competition Law of Cambodia 27
2.1. Constraints on the design of a competition law 28
2.2. Anti-competitive practices in Cambodia draft competition law 30
2.2.1. Horizontal Restrictive Trade Practices or Cartel Agreements 31
2.2.2. Vertical Restrictive Trade Practices 37
2.2.3. Other Anti-competitive practice 42
2.3. Enforcement mechanism 45
2.3.1. Competition Committee 45
Chapter 3. Legal Study on Competition law in Japan 49
3.1. Brief Historical Background of Antimonopoly Law of Japan 50
3.1.1. The Structural Impediments Initiative(SII) 51
3.1.2. The Goal of Competition Law in Japan 52
3.1.3. Substantive Rules 53
3.2. Unfair Trade Practice 54
3.2.1. General 54
3.2.2. Vertical Restraint 59
3.2.3. Private Monopolization 61
3.2.4. Abuse of dominance 63
3.3. Enforcement Mechanism(The Japan Fair Trade Commissions) 65
3.3.1. Enforcement 65
3.3.2. Administrative enforcement 66
3.3.3. Investigation 66
3.3.4. Right to heard before the JFTC issues an order 67
3.3.5. Appeals 69
3.3.6. Private Enforcement 69
3.3.7. Criminal Enforcement 70
Chapter 4. Legal Study on Singapore Competition Law 71
4.1. Overview on Competition Act of Singapore 72
4.1.1. Objective of Singapore Competition Act 73
4.1.2. Enactment and Scope of the Singapore Competition Act 73
4.2. The Singapore Competition Act 76
4.2.1. Anti-competitive agreements and practices 77
4.2.2. Abuse of dominant Market Position 81
4.2.3. Anti-competitive mergers 85
4.3. Enforcement Mechanism(The Competition Commission of Singapore) 88
4.3.1. Function and duty of the CCS 88
4.3.2. Enforcement 90
4.3.3. Power of investigation 90
4.3.4. Damages 92
Chapter 5. Suggest proposal for feasibility of development of Competition Law in Cambodia 93
5.1. Suggest proposal for feasibility of efficient legal standard of Competition Law in Cambodia 93
5.1.1. Cambodia needs a definition and standard of Restrictive Agreements and Arrangement 94
5.1.2. The amount of marketing share be defined 95
5.1.3. Price-fixing and Market sharing would automatically be found to be acting anti-competitive 95
5.1.4. Cambodia should adopted abuse dominant/dominant position as anti-competitive activities in Competition law 97
5.1.5. The competition law of Cambodia should include a mergers regime 99
5.2. Recommendation on future improvement of Competition Body of Cambodia 101
5.2.1. Recommendation on strategic option of Competition body of Cambodia 101
5.2.2. The Competition Body should located within government 105
5.2.3. The Competition Body should located independently from the government 106
5.2.4. The Cambodia Competition law should include appeals process as "Commercial Court" 107
Conclusion 109
Reference 113