Confucian Culture and Competition Law in East Asia

Jingyuan Ma is Associate Professor at the School of Law of Central University of Finance and Economics, Beijing, China. She obtained her PhD from the University of Hamburg, Erasmus University Rotterdam and the University of Bologna, taking part in the European Doctorate in Law and Economics programme (EDLE). Mel Marquis is Deputy Associate Dean and Senior Lecturer at Monash Law School, Melbourne, Australia. He has taught law at several universities in Europe and Asia. He is Special Editor for Competition Law of European Papers: A Journal on Law and Integration, and he is a member of the Centre for Commercial Law and Regulatory Studies. He is a co-founder and co-director of the Monash Inter-Faculty Competition Law and Economics group, and a co-founder of the Rome Antitrust Forum.

• 1. Introduction; 2. Confucian Culture and Its Influence in East Asia; 3. Confucian Business Culture and Its Implications for Competition Law; 4. Confucian Corporate Culture and Competition Compliance; 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law; 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement; 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct; 8. Conclusion.

'This is an exemplary piece of social research that illuminates an important feature of international competition law and business arbitration. As well, it stands a model for all those who want to undertake comparative research on law and legal culture. It should have a wide readership far beyond those interested in Asian-pacific business law and practices.' Malcolm M. Feeley, Claire Sanders Clements Dean's Professor of Law, Emeritus; Jurisprudence and Social Policy Program, School of Law, UC Berkeley