Despite the diversity of contexts and circumstances in which competition laws are developed and exist, many countries have enacted competition laws that are broadly similar. To learn more about the dynamics shaping the development of competition law at the national, regional, and international levels, this article investigates the development of competition law in the Association of Southeast Asian Nations (ASEAN) region, a region whose competition laws remain underexplored. This article undertakes a case study on the drafting of competition law in the ASEAN member states with the most recently drafted and/or enacted new comprehensive competition laws, that being Brunei Darussalam, Cambodia, Lao PDR, Myanmar, and the Philippines. It finds that, while there were differences in the processes of drafting and enacting competition law in these countries as well as in their local contexts, their competition laws are similar in many respects. The case study also finds that intermediaries facilitated the processes of translation and adaptation that occurred in developing competition law in these ASEAN member states. This article argues that the important role that intermediaries played in developing competition laws was a key reason for the broad convergence of these competition laws across their diverse local settings.

中文翻译：

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从分歧到趋同：中介机构在东盟竞争法发展中的作用

尽管制定和存在竞争法的背景和情况多种多样，但许多国家颁布的竞争法大体相似。为了更多地了解影响国家、地区和国际层面竞争法发展的动态，本文调查了东南亚国家联盟 (ASEAN) 地区竞争法的发展，该地区的竞争法仍未得到充分探索。本文对东盟成员国的竞争法起草进行了案例研究，其中最近起草和/或颁布了新的综合竞争法，即文莱达鲁萨兰国、柬埔寨、老挝人民民主共和国、缅甸和菲律宾。它发现，尽管这些国家在起草和颁布竞争法的过程中以及在当地情况下存在差异，但它们的竞争法在许多方面是相似的。案例研究还发现，中介机构促进了这些东盟成员国在制定竞争法过程中的翻译和改编过程。本文认为，中介机构在制定竞争法方面发挥的重要作用是这些竞争法在其不同的地方环境中广泛趋同的一个关键原因。