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The Political Economy of Competition Law in Asia by Mark Williams Pdf
'This is a very timely book which provides an unprecedented analysis of the factors which have shaped the competition law systems of ten Asian countries and Australia. The comprehensive discussion from varying viewpoints against the backdrop of the significantly different environments within which the respective regimes have developed creates a framework for the comparative assessment of competition law systems elsewhere in the world.' Lutz-Christian Wolff, The Chinese University of Hong Kong 'New competition laws have been adopted throughout Asia in recent years, and some of the older laws have been significantly strengthened. This makes Asia a fascinating region in which to look at the political and economic circumstances of the countries in which such laws are to be found, and to consider the very different conditions that exist within them. This book will be an invaluable guide to anyone with an interest in the developing competition law regimes of this immensely important part of the world.' Richard Whish, King's College London, UK This detailed book describes and analyses the essential political economy features that provide the backdrop to the competition policies and competition law regimes of several of the most important Asian economies. The book also discusses the impact of these political economy influences in determining whether the adopted competition policy is effective. Each of the authors experts in their respective countries offer specific insights into the nature and structure of their competition regimes and discuss to what extent the varied political economy factors unique to that country help to determine whether and to what extent the established system promotes or hinders economic competition in that jurisdiction. Comprising wide coverage of Asian jurisdictions, including Australia, this book will strongly appeal to students and academics of law, politics, economics and economic development, policy makers in national governments, international agencies and competition authorities, as well as practicing competition lawyers and in-house counsel.
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.
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.
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.
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 by Mark Williams (Solicitor) Pdf
The only 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.
The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO by Yenkong Ngangjoh-Hodu,Z. Qi Pdf
The concept of compliance of World Trade Organization (WTO) law as part of international economic law is examined in this discerning book. The issue of compliance is examined through a broad perspective, considering the key conceptual issues which continu
Asian Capitalism and the Regulation of Competition by Michael W. Dowdle,John Gillespie,Imelda Maher Pdf
Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.
Chinese Antitrust Exceptionalism by Angela Zhang Pdf
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.
Economics and Regulation in China by Michael Faure,Guangdong Xu Pdf
This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.
Antitrust Institutions and Policies in the Globalising Economy by Eleonora Poli Pdf
Eleonora Poli analyses how ideas and material interests have come to determine the evolution of antitrust policies in the USA, EU, Japan and BRICS. She argues that three major economic crises together with market globalisation have changed governments' perceptions of market competition, giving rise to a neo-liberal global phase.
China Factors offers a first-hand perspective on political and socio-economic changes in Hong Kong after the official changeover to control by China. It reflects the author's observations, personal encounters, interviews, and experiences, especially after 1997 when the changeover occurred, and also when the Asian financial crisis emerged.The focus here is on the political economy of Greater China (China, Taiwan, and Hong Kong). The author witnessed the subtle political and economic changes in Hong Kong during the period, and the clear and present influence of China on Hong Kong as well as Taiwan. China Factors illustrates the full import of the rise of China, and the impact of political, social, and economic relations around Greater China.Gordon Cheung shows, the key factors for the region are integration, interdependence, identity, and independence--otherwise known as the four i's. Individually, each factor spurs new directions in the ever-changing political economy of that region. Other factors, such as cross- strait relations, and Hong Kong and Macau's reversion to China, are also creating new interactions within the region. Politically, these China factors challenge traditional bilateral and multilateral relations. Conceptually, they require further investigation, as possible new Chinese interactions with other states may influence regional affairs.Cheung believes the examination of the China factors he identifies here will help to shed light on evolving East Asian relations as well as to spur reexamination of governance of this important region. The book will be of keen interest to specialists in Asian studies, and China in particular, as well as those interested in international affairs and U.S. foreign policy.
Today's China is governed by a new economic model that marks a radical break from the Mao and Deng eras; it departs fundamentally from both the East Asian developmental state and its own Communist past. It has not, however, adopted a liberal economic model. China has retained elements of statist control even though it has liberalized foreign direct investment more than any other developing country in recent years. This mode of global economic integration reveals much about China’s state capacity and development strategy, which is based on retaining government control over critical sectors while meeting commitments made to the World Trade Organization. In China's Regulatory State, Roselyn Hsueh demonstrates that China only appears to be a more liberal state; even as it introduces competition and devolves economic decisionmaking, the state has selectively imposed new regulations at the sectoral level, asserting and even tightening control over industry and market development, to achieve state goals. By investigating in depth how China implemented its economic policies between 1978 and 2010, Hsueh gives the most complete picture yet of China's regulatory state, particularly as it has shaped the telecommunications and textiles industries. Hsueh contends that a logic of strategic value explains how the state, with its different levels of authority and maze of bureaucracies, interacts with new economic stakeholders to enhance its control in certain economic sectors while relinquishing control in others. Sectoral characteristics determine policy specifics although the organization of institutions and boom-bust cycles influence how the state reformulates old rules and creates new ones to maximize benefits and minimize costs after an initial phase of liberalization. This pathbreaking analysis of state goals, government-business relations, and methods of governance across industries in China also considers Japan’s, South Korea’s, and Taiwan’s manifestly different approaches to globalization.