Competition Law In China

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The Political Economy of Competition Law in China

Author : Wendy Ng
Publisher : Cambridge University Press
Page : 419 pages
File Size : 42,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107154407

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The Political Economy of Competition Law in China by Wendy Ng Pdf

The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.

Competition Laws, Globalization and Legal Pluralism

Author : Qianlan Wu
Publisher : A&C Black
Page : 206 pages
File Size : 55,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252207

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Competition Laws, Globalization and Legal Pluralism by Qianlan Wu Pdf

Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Competition Policy and Law in China, Hong Kong and Taiwan

Author : Mark Williams
Publisher : Cambridge University Press
Page : 493 pages
File Size : 54,7 Mb
Release : 2005-09-08
Category : Law
ISBN : 9781139445832

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Competition Policy and Law in China, Hong Kong and Taiwan by Mark Williams Pdf

A comprehensive guide to the competition regimes of China, Hong Kong and Taiwan. The book adopts an inter-disciplinary approach considering the political, economic and legal issues relevant to competition policy adoption.

Competition Law in China

Author : Xiaoye Wang,Jessica Su
Publisher : Kluwer Law International B.V.
Page : 202 pages
File Size : 54,5 Mb
Release : 2018-02-27
Category : Law
ISBN : 9789041195913

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Competition Law in China by Xiaoye Wang,Jessica Su Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competition Policy and Regulation

Author : Michael Faure,Xinzhu Zhang
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 42,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857930811

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Competition Policy and Regulation by Michael Faure,Xinzhu Zhang Pdf

This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation. This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.

Anti-Monopoly Law and Practice in China

Author : H. Stephen Harris,Peter J. Wang,Mark A. Cohen,Yizhe Zhang,Sebastien J Evrard
Publisher : Oxford University Press
Page : 592 pages
File Size : 46,8 Mb
Release : 2011-07-05
Category : Law
ISBN : 9780199875276

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Anti-Monopoly Law and Practice in China by H. Stephen Harris,Peter J. Wang,Mark A. Cohen,Yizhe Zhang,Sebastien J Evrard Pdf

The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.

The Chinese Anti-Monopoly Law

Author : Michael Faure,Xinzhu Zhang
Publisher : Edward Elgar Publishing
Page : 425 pages
File Size : 52,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781003244

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The Chinese Anti-Monopoly Law by Michael Faure,Xinzhu Zhang Pdf

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.

The Evolution of China's Anti-Monopoly Law

Author : Xiaoye Wang
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 40,7 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781781952504

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The Evolution of China's Anti-Monopoly Law by Xiaoye Wang Pdf

China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of e

Competition Law in China

Author : Jingyuan Ma
Publisher : Springer Nature
Page : 286 pages
File Size : 41,6 Mb
Release : 2020-05-13
Category : Law
ISBN : 9789811551055

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Competition Law in China by Jingyuan Ma Pdf

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.

Competition Law in China

Author : Sébastien J. Evrard,Peter J. Wang,Yizhe Zhang
Publisher : OUP Oxford
Page : 0 pages
File Size : 41,6 Mb
Release : 2014-01
Category : Law
ISBN : 0198703821

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Competition Law in China by Sébastien J. Evrard,Peter J. Wang,Yizhe Zhang Pdf

The only bilingual (Chinese/English) compilation of all legal texts applicable to the area of competition law in China. It comprehensively includes laws, regulations, judicial interpretations and administrative decisions.

Chinese Merger Control Law

Author : Tingting Weinreich-Zhao
Publisher : Springer
Page : 393 pages
File Size : 46,9 Mb
Release : 2014-11-19
Category : Law
ISBN : 9783662438688

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Chinese Merger Control Law by Tingting Weinreich-Zhao Pdf

On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.

Law and the Market Economy in China

Author : Perry Keller
Publisher : Routledge
Page : 541 pages
File Size : 51,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560689

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Law and the Market Economy in China by Perry Keller Pdf

This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Publisher : Unknown
Page : 112 pages
File Size : 46,6 Mb
Release : 2010
Category : Business & Economics
ISBN : PURD:32754081522553

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Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy Pdf

Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights

Author : Guangjie Li
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 50,8 Mb
Release : 2018
Category : Antitrust law
ISBN : 384875018X

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Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights by Guangjie Li Pdf

Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.

Competition Law in China

Author : Owen D. Nee
Publisher : West Group
Page : 128 pages
File Size : 42,8 Mb
Release : 2010
Category : Law
ISBN : OCLC:460114109

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Competition Law in China by Owen D. Nee Pdf