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Author: Adrian Emch Publisher: Kluwer Law International B.V. ISBN: 9041141316 Category : Law Languages : en Pages : 560
Book Description
It probably goes without saying that anti-monopoly law and practice are of very recent vintage in China. In August 2008, 118 years after the Sherman Act and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came into effect. Since then the enforcement of the AML has seen significant progress as well as considerable challenges. This volume, comprised of 27 highly informative contributions by more than 40 government officials, academics, economists, in-house lawyers, and private practitioners, introduces novice practitioners to the complexities of antitrust law in China and provides new insight for those already working in the field. Generally following the structure of the text of the AML, topics and issues covered include the following: an overview of the first five years of AML implementation; the institutional framework for antitrust enforcement in China; monopoly agreements between market players; abuses of dominance committed by a single company; problems and potential solutions for information exchanges between competitors; the economics underlying retail price maintenance; refusals to deal; procedural and substantive practice of merger decisions; the application of merger control to joint ventures; ‘administrative monopolies’ and the tension between competition and industrial policies; ways to seek legal redress; litigation (both administrative and civil) and the role of the courts; international cooperation efforts made in relation to Chinese antitrust enforcers; the relationship between the AML and China’s anti-bribery rules; the treatment of vertical integration or cooperation; and how the AML rules apply to intellectual property rights. Throughout the book there are analyses of major judgments with key conclusions to be drawn from them, as well as comparisons with corresponding judgments in other jurisdictions. This book is the first comprehensive analysis of the AML, and as such will be of inestimable value to business persons and in-house counsel, as well as to academics in Chinese law and competition law from a global perspective.
Author: Michael Faure Publisher: Edward Elgar Publishing ISBN: 1781003246 Category : Law Languages : en Pages : 425
Book Description
This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML. The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
Author: Adrian Emch Publisher: Kluwer Law International B.V. ISBN: 9041141316 Category : Law Languages : en Pages : 560
Book Description
It probably goes without saying that anti-monopoly law and practice are of very recent vintage in China. In August 2008, 118 years after the Sherman Act and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came into effect. Since then the enforcement of the AML has seen significant progress as well as considerable challenges. This volume, comprised of 27 highly informative contributions by more than 40 government officials, academics, economists, in-house lawyers, and private practitioners, introduces novice practitioners to the complexities of antitrust law in China and provides new insight for those already working in the field. Generally following the structure of the text of the AML, topics and issues covered include the following: an overview of the first five years of AML implementation; the institutional framework for antitrust enforcement in China; monopoly agreements between market players; abuses of dominance committed by a single company; problems and potential solutions for information exchanges between competitors; the economics underlying retail price maintenance; refusals to deal; procedural and substantive practice of merger decisions; the application of merger control to joint ventures; ‘administrative monopolies’ and the tension between competition and industrial policies; ways to seek legal redress; litigation (both administrative and civil) and the role of the courts; international cooperation efforts made in relation to Chinese antitrust enforcers; the relationship between the AML and China’s anti-bribery rules; the treatment of vertical integration or cooperation; and how the AML rules apply to intellectual property rights. Throughout the book there are analyses of major judgments with key conclusions to be drawn from them, as well as comparisons with corresponding judgments in other jurisdictions. This book is the first comprehensive analysis of the AML, and as such will be of inestimable value to business persons and in-house counsel, as well as to academics in Chinese law and competition law from a global perspective.
Author: Jingyuan Ma Publisher: Springer Nature ISBN: 9811551057 Category : Law Languages : en Pages : 286
Book Description
This book offers a comprehensive introduction to the developmental history and structural framework of Chinese competition law from a law and economics perspective. It examines the philosophical foundations, the substantive law, and enforcement issues concerning competition law and policy in China by pursuing an economic and comparative approach. Further, the book presents and analyzes competition cases involving monopolistic agreements, abuse of dominant position, and concentration. The book will help professionals and business practitioners to understand the distinct features of competition law and policy in China, and how the substance and enforcement of the law can be compared with competition regulations in the US and EU from an economic perspective. Given its scope, it offers a valuable guide for academic, public sector and professional audiences alike, and will appeal to researchers, students and anyone with an interest in economic law and policy in China. The book can also be used as reading material to accompany courses such as China’s Competition Law and Policy, Comparative Competition Law, and Market Regulation in China for foreign students studying Chinese law and policy at the undergraduate, graduate and doctoral levels.
Author: Wendy Ng Publisher: Cambridge University Press ISBN: 1108548725 Category : Law Languages : en Pages : 420
Book Description
The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Author: Angela Zhang Publisher: Oxford University Press ISBN: 0192561197 Category : Law Languages : en Pages : 272
Book Description
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Author: David Sparks Evans Publisher: ISBN: Category : Antitrust law Languages : en Pages : 58
Book Description
China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and competition authorities in other jurisdictions and the writings of various commentators, particularly economists, on unfair pricing in those jurisdictions. It shows that virtually all jurisdictions have decided to consider unfair pricing claims only in exceptional circumstances, and rarely, if ever, in innovation-intensive industries. For those cases that pass this screen and receive consideration, the courts and competition authorities then, under the leading test, insist on substantial evidence that the price is significantly higher than cost and is unfair given the value provided to the buyer. This article shows that the exceptional circumstances screen and the rigorous unfair pricing test are motivated by a recognition, supported by substantial empirical evidence, that successful firms must have the assurance of receiving significant rewards to induce them to invest time and capital in highly risky innovation that is the source of economic growth and welfare. It concludes by showing that this approach is consistent with modern Chinese economic policy.
Author: Angela Huyue Zhang Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The unveiling of the Anti-Monopoly Law (the “AML”) on August 30, 2007 marked a symbolic commencement of a new era of competition for China. Since the law was enacted in 2008, every move made by the Chinese antitrust authorities has been closely watched by the international community. While much attention has been devoted to second-guessing the political motives behind each of the Chinese government's decisions, little effort has been directed to studying problems in the institutional framework for implementing the AML. This article identifies three problems in the institutional design of China's antitrust enforcement system and calls for attention to remedy them. The first problem originates from China's tripartite system of administrative enforcement, which will lead to many potential conflicts between the National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce (“SAIC”), the two agencies that share enforcement responsibilities in the areas of restrictive agreements and abuse of dominant positions. While decentralization of enforcement has some modest benefits such as promoting competition among agencies and hedging the risks if any single agency fails to perform, it is imperative for NDRC and SAIC to have a work-sharing agreement that clearly delineates their rights and obligations in cases of concurrent jurisdiction. Moreover, the Anti-Monopoly Commission should set up a formal supervisory mechanism to resolve potential conflicts among the administrative enforcement agencies. Second, the concentration of authority in the Ministry of Commerce (“MOFCOM”) in the merger control regime has led to a myriad of adverse consequences including asymmetric bargaining, prosecutor bias, selective enforcement and lack of transparency. In this regard, China could learn from the E.U.'s experience and introduce more checks and balances into its merger control regime. Finally, private litigation has not been successful in China due to the challenges plaintiffs face in satisfying their burden of proof under the AML. However, private enforcement is an indispensible complement to public enforcement and should be encouraged in China.
Author: Adrian Emch
Author: Michael Faure
Author: Adrian Emch
Author: Jingyuan Ma
Author: Wendy Ng
Author: Angela Zhang
Author: David Sparks Evans
Author: Mark Williams
Author: Luke Lechtenberg
Author: Yi-hsin Tsai
Author: Angela Huyue Zhang