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Article
Publication date: 14 May 2019

Mary Catherine Lucey

This paper aims to understand the emergence, operation and evolution of judge-centred models for the enforcement of competition law in Ireland and in Hong Kong SAR. The public…

112

Abstract

Purpose

This paper aims to understand the emergence, operation and evolution of judge-centred models for the enforcement of competition law in Ireland and in Hong Kong SAR. The public enforcement model in Hong Kong chimes with the Irish regime where competence to adjudicate on competition law violations and to impose sanctions is intentionally reserved exclusively to judges. This design choice renders the Irish and Hong Kong regimes both similar to each other and atypical on the global stage, where in many jurisdictions an administrative competition agency investigates suspected infringements, makes determinations of infringements and may penalise infringers.

Design/methodology/approach

This paper starts by detailing the current competition law architecture in each jurisdiction. Then, it examines closely the discourse (expressed in consultations, experts’ reports and Parliamentary documents) in the lengthy period preceding their introduction. This approach aims, firstly, to understand why judicial models were chosen over more familiar administrative ones and, secondly, to unearth any similar concerns which had a bearing on the choice of atypical design. Next, it analyses some implications of the judicial model in operation for, firstly, parties; secondly, the administrative competition agencies; and, thirdly, the evolution of competition law.

Findings

It finds the existence of similar concerns surrounding due process/separation of power arose in each jurisdiction. Other similar strands include a sluggish political appetite which delayed reform. Each jurisdiction actively sought to inform itself about international experience but did not feel obliged to copy the enforcement dimension even where substantive prohibitions were persuasive.

Research limitations/implications

It shines a light on the independent response by two small Common Law jurisdictions, which does not converge with popular administrative international models of competition law enforcement.

Practical implications

It is hoped that the decades-long experience in Ireland may interest those involved in Hong Kong competition law, which is at a comparatively fledgling stage of development.

Originality/value

This is an original research and appears to be the first paper exploring the atypical approaches taken in Hong Kong SAR and Ireland to designing locally suited regimes for the enforcement of competition law.

Details

Journal of International Trade Law and Policy, vol. 18 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Available. Open Access. Open Access
Article
Publication date: 11 August 2021

Mary Catherine Lucey

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper…

727

Abstract

Purpose

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes.

Design/methodology/approach

Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). The strength and shortcomings of traditional “bricks and mortar” institutions such as the European Union (EU) and General Agreement Tariffs and Trade/World Trade Organisation are first examined. Then, the innovative global network of International Competition Network (ICN) is analysed.

Findings

It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. Examples from the EU and the ICN include measures which find expression in enforcement tools and networks. These initiatives can be seen as experimental responses to the challenges of divergent national antitrust regimes.

Research limitations/implications

It is desktop research rather than empirical field work.

Practical implications

To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime.

Originality/value

It offers some personal reflections on the ICN from the author’s experience as a non-governmental advisor. It draws attention to the ICN’s underappreciated range of educational materials which are freely available on its website to everyone. It submits that the ICN template offers interesting ideas for other fields of international trade law where a global regime is unrealisable. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence. Even if standardisation of norms/processes is too ambitious a goal in other fields of international trade law, the ICN model still offers inspiration as an epistemic community within an inclusive and dynamic forum for encouraging debate and creating a culture of learning opportunities where familiarity and trust is fostered.

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Article
Publication date: 20 November 2024

Chang-kyu Kwon, Andrew Sanghyun Lee, Soonok An and Mary Catherine Brandt

The American Medical Association has recently adopted health systems science (HSS) as the third pillar of medical education to provide comprehensive and holistic patient care. The…

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Abstract

Purpose

The American Medical Association has recently adopted health systems science (HSS) as the third pillar of medical education to provide comprehensive and holistic patient care. The purpose of this paper is to propose a novel organizational learning perspective in considering how medical schools can facilitate a transformational HSS curriculum change.

Design/methodology/approach

This is a conceptual paper seeking to present triple-loop learning as a potential approach to HSS curriculum change.

Findings

Due to its potential for structural accountability and sustainability stemming from the inclusion of diverse voices, the authors argue that HSS curriculum change, guided by the principles of triple-loop learning, is likely to lead to the development of medical curricula that are more adaptive and responsive to the constantly changing health-care landscape. The authors advocate for the deliberate inclusion of stakeholders who have historically been excluded or marginalized in the HSS curriculum change process, such as patients and those in sentinel roles (e.g. nurses, social workers). The authors also suggest an integrated, multilevel transformation that involves collaboration among medical schools, accreditation organizations, licensing boards and health-care systems.

Originality/value

To the best of the authors’ knowledge, this paper represents the first attempt to apply the theory of triple-loop learning in the context of HSS curriculum change. It highlights how this critical systemic learning approach uniquely contributes to HSS curriculum change, and subsequently to the necessary, larger cultural changes demanded in medical education as a whole.

Details

European Journal of Training and Development, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2046-9012

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