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On the Public-Law Character of Competition Law: A Lesson from Asian Capitalism

https://doi.org/10.2139/ssrn.2434469
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34/34 checkable references clean · checked 2026-08-04

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

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The 34 checked references that resolve
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The 91 references without a DOI — listed, not checked
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no DOI — not checkedAddressing the Development Deficit of Competition Policy: The Role of Economic Networks," in Asian Capitalism and the Regulation of Competition: Towards a Regulatory Geography of Global Competition Law 283
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no DOI — not checkedLearning by Monitoring: The Institutions of Economic Development
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no DOI — not checkedCompetition Policy and Innovation
no DOI — not checkedFor an econometric explication, see K. Sridhar Moorthy
no DOI — not checkedBusiness Cycles Synchronization in East Asian Economy: Evidences from Time-Varying Coherence Study
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no DOI — not checkedStructures of Economic Interdependence Among Nations
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no DOI — not checkedSee generally Daniel Yergin & Joseph Stanislaw, The Commanding Heights: The Battle for the World Economy
no DOI — not checkedwhich we discussed above in the context of the small economies limitation to the orthodox model of competition law. See TAN supra. Even the core economies of Asia have historically been 'small' compared to the core economies of the North Atlantic. State protection and promotion of domestic sectors and firms was an effective way of promoting the development of MES in the context of Asia's smaller economies, particularly during earlier periods of industrial development. See Ha-joon Chang
no DOI — not checkedParadoxes of the Competition State: The Dynamics of Globalization
no DOI — not checkedref30
no DOI — not checkedSee DeLong & Summers, supra note
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no DOI — not checkedFor an application of this regulatory approach to legal pluralism to Asia, see
no DOI — not checkedRoutledge, 2012). I use the term "regulatory pluralism" rather than legal pluralism so as to emphasize that a regulatory space is often "regulated" by more than just law. See TAN supra
no DOI — not checkedA]s a set of practices within a state, [it] is as much concerned with devising forms of co-operation as with conflict over them
no DOI — not checkedref38
no DOI — not checkedAgainst (And For) Madison: An Essay in Praise of Factions
no DOI — not checkedThe Re-state-ment of Non-State Law: The State, Choice of Law, and the Challenge from Global Legal Pluralism
no DOI — not checkedref42
no DOI — not checkedThe Institutional Foundations of Regulatory Capitalism: The Diffusion of Independent Regulatory Agencies in Western Europe
no DOI — not checkedref50
no DOI — not checkedThe phrase was famously coined by Quintin McGarel Hogg (Lord Hailsham). See Lord Hailsham
no DOI — not checkedOn the relationship between competition law and public law, see TAN infra
no DOI — not checkedref53
no DOI — not checkedThe Embedded Regulatory State: Between Rules and Deals
no DOI — not checkedThe Rise of Offshoring: It's Not Wine for Cloth Anymore
no DOI — not checkedThe Product Cycle and the Spatial Decentralization of American Manufacturing
no DOI — not checkedRegulatory Networks and Global Governance
no DOI — not checkedTowards a Schumpeterian Workfare State? Preliminary Remarks on Post-Fordist Political Economy
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no DOI — not checkedSee also Louis D. Brandeis, Other People's Money and How the Bankers Use It 62 (Cosimo
no DOI — not checkedThis is a somewhat different Although using a different vocabulary, and approaching from a different tack, I believe that the framework for understanding public law presented in this article parallels that developed by Martin Loughlin in his Foundations of Public Law
no DOI — not checkedFor an analysis of how other aspects of economic regulation are better viewed as a form of public law, see Tony Prosser
no DOI — not checkedref70
no DOI — not checkedSee also Martin Loughlin
no DOI — not checkedOn the Contested Nature of the Public Good
no DOI — not checkedref74
no DOI — not checkedref75
no DOI — not checkedOn the early years of the Sherman Antitrust Act, see William Letwin, Law and Economic Policy in America: The Evolution of the Sherman Antitrust Act (Univ. of Chicago Press, 1981); see also Christopher Grandy
no DOI — not checkedThe Antitrust Consumer Welfare Paradox
no DOI — not checkedCompetition Policy in America
no DOI — not checkedThe Transformation of European Community Competition Law?" 35 Harv. Int'l L
no DOI — not checkedref83
no DOI — not checkedThe Autonomous Power of the State: Its Origins, Mechanisms and Results
no DOI — not checkedCompare generally Loughlin, supra note [Foundations], at 164-171 (discussing what he terms, following Baruch Spinoza
no DOI — not checkedref88
no DOI — not checkedref89
no DOI — not checkedThe Commerce Clause in the Constitutional Convention and in Contemporary Comment
no DOI — not checkedEconomic Union as a Constitutional Value
no DOI — not checkedref93
no DOI — not checkedref94
no DOI — not checkedthe importance of its own products, and the local advantages or disadvantages of its position in a political or commercial view"). See generally Julian N. Eule
no DOI — not checkedref96
no DOI — not checkedref97
no DOI — not checkedConstitutionalizing the Economy": Classical [economic] liberals had been content to argue that the market, if left to itself, would promote economic growth and thus eventually enhance social welfare, but [ordoliberals] approached the problem from a different methodological starting point
no DOI — not checkedref99
no DOI — not checkedref100
no DOI — not checkedThe practice of many states in restricting the commercial intercourse with other states and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the Federal Articles, is certainly adverse to the spirit of the union, and tends to beget retaliating regulations
no DOI — not checkedConstitutionalizing the Economy: German Neo-liberalism, Competition Law and the 'New' Europe
no DOI — not checkedref103
no DOI — not checkedref104
no DOI — not checkedref105
no DOI — not checkedGerman Legal Culture and the Globalization of Competition Law: A Historical Perspective on the Expansion of Private Antitrust Enforcement
no DOI — not checkedThe German Decartelization Program -The Law in Repose
no DOI — not checkedA similar concern was behind American introduction of an American-style competition law into post-War Japan. See Harry First
no DOI — not checkedAmerican Economic Planning for Occupied Japan: The Issue of Zaibatsu Dissolution
no DOI — not checkedSee generally John Owen Haley, Antitrust in Germany and Japan: The First Fifty Years
no DOI — not checkedref114
no DOI — not checkedThe Federal Trade Commission Act of 1914, 15 U.S.C � 41, 38 Stat
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no DOI — not checkedOther People's Money and How the Bankers Use It
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no DOI — not checkedref122
no DOI — not checkedPresent-ing the Past: Political Narratives on European History and the Justification of EU Integration
no DOI — not checkedref125
no DOI — not checkedSee also Braudel, supra note
no DOI — not checkedref128
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