The Practitioner S Guide To Antitrust In China

Author : Becky Nao Koblitz
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 40,7 Mb
Release : 2015-08-27
Category : Law
ISBN : 9789041168122

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The Practitioner's Guide to Antitrust in China by Becky Nao Koblitz Pdf

Management and legal counsel of foreign companies operating in China as well as those outside China with Chinese business desperately need to keep up with the fast-paced antitrust developments in the most dynamic market in the world. The author of this book, Becky Koblitz, is a seasoned antitrust lawyer for a major U.S. law firm in Beijing. She has decades of legal experience as a prosecutor at the Antitrust Division of the U.S. Department of Justice, as well as in-house counsel for a German subsidiary of a major American real estate development company and as a lawyer at law firms globally. Her rich experience in the U.S., Europe and China, now often regarded as the three centers of global antitrust, makes her the perfect candidate to write a book on China's antitrust development. Her book is a quick read that tells what there is to know about China's antitrust enforcement and includes practical advice and examples for the various aspects of antitrust: dealing with competitors, dealing within the supply chain, mergers, etc. She writes in a straight-forward language such that non-antitrust lawyers can get beyond stock phrases like "illicit price coordination," "abuse of dominance," or "unilateral effect." Her book is a valuable and practical "cookbook" for antitrust compliance training and beyond. Another feature of the book is that it provides both legal and economic perspectives on antitrust analysis in China, which is important given that economic analysis is increasingly adopted by China's antitrust agencies and the Chinese courts. Thus understanding the logic and methodology behind economic analysis as applied to Chinese cases is key to conducting proper antitrust legal analysis that is tailored to the Chinese context. To write a book on the burgeoning antitrust enforcement and practice for the constantly evolving Chinese market is a real challenge. The trick, and it is not as easy as you would think, is to write simple declarative sentences, understandable to the antitrust layman, and at the same time not lose the rigor of antitrust analysis. I think this relatively short book is a remarkable achievement in meeting such a challenge, but I invite you to judge for yourself.

Author : Angela Zhang
Publisher : Oxford University Press
Page : 272 pages
File Size : 51,6 Mb
Release : 2021-02-08
Category : Law
ISBN : 9780192561206

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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.

Author : Frank Bae,Edward Bander,Francis Doyle,Joel Fishman,Paul Richert
Publisher : BRILL
Page : 764 pages
File Size : 52,6 Mb
Release : 2021-12-13
Category : Law
ISBN : 9789004502413

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Searching the Law, 3d Edition by Frank Bae,Edward Bander,Francis Doyle,Joel Fishman,Paul Richert Pdf

Author : Tao Zhang,Jingui Fang
Publisher : World Scientific
Page : 384 pages
File Size : 49,5 Mb
Release : 2016-09-20
Category : Business & Economics
ISBN : 9789813146181

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Mining Ideas For Diamonds: Comparing China And Us Ip Practices From Invention Selection To Patent Monetization by Tao Zhang,Jingui Fang Pdf

In 2015, China and the U.S. were among the top three countries in terms of the number of international PCT (Patent Cooperation Treaty) patents filed, together making up 40% of the global share, reported the World Intellectual Property Organization (WIPO).Not surprisingly, there is a huge international desire within the business, legal and technical communities to better understand the Intellectual Property (IP) practices of these two giants in the industry. This book, a pioneer in comparing the two countries' practices side-by-side, does just that.Tao Zhang and Jingui Fang, respectively from Huawei Device USA and Huawei Technologies in China (2015's top PCT applicant according to WIPO, with 3,898 published patent applications), provide readers with first-hand guidance from invention conception to IP monetization, with a consistent emphasis on quality. Written such that readers can delve straight into any area of the IP cycle that interests them, the book also contains useful checklists that highlight best practices and key lessons learned.Whether you are an individual wanting to improve a product or process, a patent drafter needing to provide client satisfactory results, a patent asset manager desiring to create a bullet proof portfolio, or an IP business executive wishing to deliver much needed financial results to your company's bottom line, this book, with its comparative approach, is an essential read — filled with tips and information to help you create high quality patents.

Author : Angela Zhang
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 49,7 Mb
Release : 2021-03
Category : Business & Economics
ISBN : 9780198826569

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Chinese Antitrust Exceptionalism by Angela Zhang Pdf

This book explores the clash between antitrust, a body of law designed to address market failures in Western democracies, and China, an economic superpower under authoritarian control, analysing the challenges Chinese regulation poses to foreign companies and those faced by Chinese firms in complying with antitrust rules in foreign countries.

Author : Judith Seddon
Publisher : Law Business Research Ltd.
Page : 1026 pages
File Size : 52,5 Mb
Release : 2018-01-19
Category : Electronic
ISBN : 9781912377831

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Practitioner's Guide to Global Investigations by Judith Seddon Pdf

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Author : Jingyuan Ma
Publisher : Springer Nature
Page : 286 pages
File Size : 41,7 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.

Author : Dr. Tiancheng Jiang
Publisher : Maklu
Page : 357 pages
File Size : 47,8 Mb
Release : 2015
Category : Antitrust law
ISBN : 9789046607626

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China and EU Antitrust Review of Refusal to License IPR by Dr. Tiancheng Jiang Pdf

Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.

Author : Catriona Hatton,Yves Comtois,Hamilton Andrea
Publisher : Unknown
Page : 478 pages
File Size : 48,5 Mb
Release : 2019-09-06
Category : Antitrust law
ISBN : 1939007100

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Gun Jumping In Merger Control by Catriona Hatton,Yves Comtois,Hamilton Andrea Pdf

Comparative guide concerning gun-jumping across 21 major jurisdictions, formulated by the Mergers Working Group of the Antitrust Committee of the International Bar Association.

Author : Stefan Luginbuehl,Peter Ganea
Publisher : Edward Elgar Publishing
Page : 523 pages
File Size : 53,6 Mb
Release : 2014-08-29
Category : Law
ISBN : 9781781954843

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Patent Law in Greater China by Stefan Luginbuehl,Peter Ganea Pdf

øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten

Author : H. Stephen Harris,Peter J. Wang,Mark A. Cohen,Yizhe Zhang
Publisher : Oxford University Press, USA
Page : 593 pages
File Size : 41,8 Mb
Release : 2011
Category : Law
ISBN : 9780195394788

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

Author : Isabella M. Weber
Publisher : Routledge
Page : 256 pages
File Size : 51,7 Mb
Release : 2021-05-26
Category : Business & Economics
ISBN : 9780429953958

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How China Escaped Shock Therapy by Isabella M. Weber Pdf

China has become deeply integrated into the world economy. Yet, gradual marketization has facilitated the country’s rise without leading to its wholesale assimilation to global neoliberalism. This book uncovers the fierce contest about economic reforms that shaped China’s path. In the first post-Mao decade, China’s reformers were sharply divided. They agreed that China had to reform its economic system and move toward more marketization—but struggled over how to go about it. Should China destroy the core of the socialist system through shock therapy, or should it use the institutions of the planned economy as market creators? With hindsight, the historical record proves the high stakes behind the question: China embarked on an economic expansion commonly described as unprecedented in scope and pace, whereas Russia’s economy collapsed under shock therapy. Based on extensive research, including interviews with key Chinese and international participants and World Bank officials as well as insights gleaned from unpublished documents, the book charts the debate that ultimately enabled China to follow a path to gradual reindustrialization. Beyond shedding light on the crossroads of the 1980s, it reveals the intellectual foundations of state-market relations in reform-era China through a longue durée lens. Overall, the book delivers an original perspective on China’s economic model and its continuing contestations from within and from without.

Author : ALEXANDR. SVETLICINII
Publisher : Routledge
Page : 0 pages
File Size : 50,5 Mb
Release : 2022-08
Category : Electronic
ISBN : 0367513250

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Chinese State Owned Enterprises and Eu Merger Control by ALEXANDR. SVETLICINII Pdf

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Author : Johanna Hjalmarsson,Jenny Jingbo Zhang
Publisher : Routledge
Page : 0 pages
File Size : 48,9 Mb
Release : 2023-12-31
Category : Business & Economics
ISBN : 1138614378

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Maritime Law in China by Johanna Hjalmarsson,Jenny Jingbo Zhang Pdf

The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.

Author : Luca Prete,Kris Dekeyser,Celine Gauer,Johannes Laitenberger,Nils Wahl
Publisher : Kluwer Law International B.V.
Page : 1148 pages
File Size : 49,9 Mb
Release : 2022-11-22
Category : Law
ISBN : 9789403535456

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Regulation 1/2003 and EU Antitrust Enforcement by Luca Prete,Kris Dekeyser,Celine Gauer,Johannes Laitenberger,Nils Wahl Pdf

For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.