TY - JOUR
T1 - From rule-taker to rule-promoting regulatory state
T2 - South Korea in the nearly-global competition regime
AU - Cho, Moohyung
AU - Büthe, Tim
N1 - Funding Information:
The authors thank Sandra Lavenex, Omar Serrano, Yane Svetiev, Lei Wang, and the participants of workshops/speakers' series presentations at Stanford University, the Technical University of Munich (TUM), and the University of Geneva, as well as the editors and reviewers for Regulation and Governance for their constructive criticisms and suggestions on earlier drafts. The authors also thank Yvonne Buckley for editorial assistance. Authors' names are listed in reverse alphabetical order; both have contributed equally to the paper.
Funding Information:
The research presented in this paper was supported in part by the U.S. National Science Foundation under the Law and Social Sciences Program Grant 1228483 and supplement 1228483‐1. Any opinions, findings, and conclusions or recommendations expressed in this paper are those of the authors and do not necessarily reflect the views of the National Science Foundation.
Funding Information:
In addition, with financial support from the Korea International Cooperation Agency (KOICA), the KFTC runs the Competition Policy Training Program, started in 2002. For this 2–3 week‐long annual program, the KFTC invites competition agency officials from developing countries to learn about South Korean competition law and policy practices. As of October 2020, 426 competition agency officials from 56 developing countries have participated in the program. 46 47
Publisher Copyright:
© 2021 John Wiley & Sons Australia, Ltd
PY - 2021/7
Y1 - 2021/7
N2 - When rapid economic growth catapults a country within a few years from the margins of the global economy to middle power status, does global regulatory governance need to brace for a challenge to the status quo? To answer this question, we extend the power transition theory of global economic governance to middle powers: A rising middle power should be expected to challenge the international regulatory status quo only if increasing issue-specific strength of its regulatory state coincides with preferences that diverge from the preferences of the established powers, which are enshrined in the status quo. We examine this argument empirically, focusing on South Korea in the realm of competition law and policy. We find that South Korea, a non-participant in the international competition regime until the 1980s, developed in the 1990s substantial regulatory capacity and capability and thus “spoiler potential.” At the same time, however, its policy preferences converged upon the norms and practices established by the United States and the European Union, albeit with some distinct elements. Under these conditions, we expect a transition from rule-taker to rule-promoter. We find that South Korea has indeed in recent years begun to actively promote well-established competition law and policy norms and practices – supplemented by its distinct elements – through technical assistance programs, as well as various bilateral channels and multilateral institutions. The findings suggest that the power transition theory of global economic governance is usefully applicable to middle powers, too.
AB - When rapid economic growth catapults a country within a few years from the margins of the global economy to middle power status, does global regulatory governance need to brace for a challenge to the status quo? To answer this question, we extend the power transition theory of global economic governance to middle powers: A rising middle power should be expected to challenge the international regulatory status quo only if increasing issue-specific strength of its regulatory state coincides with preferences that diverge from the preferences of the established powers, which are enshrined in the status quo. We examine this argument empirically, focusing on South Korea in the realm of competition law and policy. We find that South Korea, a non-participant in the international competition regime until the 1980s, developed in the 1990s substantial regulatory capacity and capability and thus “spoiler potential.” At the same time, however, its policy preferences converged upon the norms and practices established by the United States and the European Union, albeit with some distinct elements. Under these conditions, we expect a transition from rule-taker to rule-promoter. We find that South Korea has indeed in recent years begun to actively promote well-established competition law and policy norms and practices – supplemented by its distinct elements – through technical assistance programs, as well as various bilateral channels and multilateral institutions. The findings suggest that the power transition theory of global economic governance is usefully applicable to middle powers, too.
KW - South Korea
KW - antitrust
KW - competition law and policy
KW - global economic governance
KW - regulatory state
UR - http://www.scopus.com/inward/record.url?scp=85104359152&partnerID=8YFLogxK
U2 - 10.1111/rego.12398
DO - 10.1111/rego.12398
M3 - Article
AN - SCOPUS:85104359152
SN - 1748-5983
VL - 15
SP - 513
EP - 543
JO - Regulation and Governance
JF - Regulation and Governance
IS - 3
ER -