5 - Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law

Summary

Chapter 5 discusses the bureaucratic characteristics of Confucianism, and the shaping of administrative competition enforcement. It explores the continuity between ancient bureaucratic practices and modern administrative structures. While competition law is making important strides in the countries concerned, old traditions have impeded a more complete trust in open markets. The chapter recounts the influence of the Confucian heritage and discusses the bureaucratic elements that derive from that tradition, all of which sheds light on the features of the administrative model in East Asia. Since far-reaching reforms such as the abandonment of the administrative model would entail profound upheaval and are unlikely, the chapter underlines the feasibility of less radical improvements. In this regard, more effective enforcement appears to require a modernization of bureaucratic systems. Among other things, the chapter advocates reforms that would: enhance the independence of competition authorities from government; increase accountability through checks and balances; and promote predictability and certainty through transparency in rules, policies and decision-making.