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LUTZ-CHRISTIAN WOLFF School of Law
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1. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong A s i a n C o m p e t i t i o n F o r u m
Third Annual Conference
Hong Kong, 10 December 2007
Asian Culture
and
Competition Law in Asia
1.Introduction
2. Culture and the law
3. Culture and competition law
4. Installing truly Asian competition law systems
5. Final remarks
2. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong Culture
historically evolved values, attitudes and meanings
learned and shared by the members of a given community
influencing their material and non-material way of life.
(Monir Tayeb, Cultural Differences across the World, in Tayeb (ed.), International Management (Harlow et.al., 2003), pp. 8-27 (10)
3. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
Culture
determines human behavior!
4. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
Law has to fit into the respective
social,
economic,
legal
and
CULTURAL
environment in order to be effective.
5. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
CULTURE
determines
HUMAN BEHAVIOR
determines
COMPETITION LAW.
Really?
6. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
Asian Culture and Competition Law
What is Asian culture?
How to translate Asian culture into Asian competition law?
Asian culture and legislative practice
7. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong) Asian Culture
Asia: Kazakhstan, Israel, Yemen, China, Malaysia, India, Japan, Korea, Laos, Philippines, Singapore
Mainland China Hong Kong Japan
Multi-cultural Asian societies
8. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong How to translate
Asian culture into Asian competition law?
General cultural differences
DO NOT
automatically justify conclusions
regarding
any impact on competition law structures!
9. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
How to translate
Asian culture into Asian competition law?
Verifying the cultural compatibility of competition laws:
empirical truth
vs
investment of time, money, energy
10. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
Problems cannot be solved at the same level of awareness that created them.
(Albert Einstein)
11. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong but,
the awareness of the (potential) cultural determination of competition law is the first step to reaching the level at which the problems arising out of such awareness can be addressed.
Not only in Asia!
12. LUTZ-CHRISTIAN WOLFFSchool of Law The Chinese University of Hong Kong
Thank you!