Download or read book Antitrust Law and Practice in China and Hong Kong written by and published by . This book was released on 2016 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anti Monopoly Law and Practice in China written by H. Stephen Harris and published by Oxford University Press. This book was released on 2011-07-05 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Policy and Law in China Hong Kong and Taiwan written by Mark Williams and published by Cambridge University Press. This book was released on 2005-09-08 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the competition regimes of China, Hong Kong and Taiwan.
Download or read book Antitrust Law in China Korea and Vietnam written by Mark Furse and published by OUP Oxford. This book was released on 2009-06-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in English to cover the practical implications of the recent developments in antitrust (competition) law in China,Taiwan, Hong Kong, Korea and Vietnam. It is invaluable to lawyers and advisers with clients operating in these regimes.
Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press. This book was released on 2021-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press, USA. This book was released on 2021-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Chinese Anti Monopoly Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Law in China and Hong Kong written by and published by . This book was released on 2009 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Practitioner s Guide to Antitrust in China written by Becky Nao Koblitz and published by Kluwer Law International B.V.. This book was released on 2015-08-27 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Law in China written by Xiaoye Wang and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book China s Anti Monopoly Law written by Adrian Emch and published by Kluwer Law International B.V.. This book was released on 2013-07-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Law in China and Hong Kong written by Graeme Johnston and published by . This book was released on 2011 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law in China written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2021-02-19 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Download or read book The Evolution of China s Anti Monopoly Law written by Xiaoye Wang and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Competition Policy and Law in China Hong Kong and Taiwan written by Mark Williams (Solicitor) and published by . This book was released on 2005 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Hong Kong Competition Law written by Thomas K. Cheng and published by Cambridge University Press. This book was released on 2021-11-04 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.
Download or read book Competition Laws and Policies in China and Hong Kong written by Grace Li and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is generally enacted to control and influence certain business conduct deemed harmful to the smooth functioning of a competitive market. This is usually a by product of deregulation and opening up of markets to competition, as market forces alone might not be able to ensure allocative efficiency and competitive pricing is achieved. From the experiences in many European countries, the laws tend to emphasize on regulating post privatised state industries, as well as large private companies exploiting their market power to maximise profits at the expense of consumers (Maher, 2004). Much of the economic arguments for competition law are quite straightforward, the policy rationale for governmental intervention is to prevent the exploitation of market power of large companies and to promote competition (Corones, 2004). The political arguments however, are more complex where vested interests between stakeholders come into conflict. So the legislation could be a product of political compromises with 'carve outs' to exclude certain sectors and companies. Thereby, making competition law a piece of economically sub optimal, and technically complex to enforce piece of legislation. After 14 years of debate, a new Anti-Monopoly Law (AML) in the Peoples' Republic of China (PRC) was enacted on the 30th August 2007 and took effect on the 1st August 2008. The new AML is a milestone in Chinese pro competition policy and law. Supposedly this law would drastically alter the manner in which businesses (both domestic and foreign) operate in China and, in turn, considerable benefits would flow onto the Chinese public through increased economic efficiency, lower prices and the introduction of innovative goods and services. Yet there is a 'catch', whilst the laws appear, at least in general, consistent with international competition law regimes like those in Australia, United Kingdom and the European Union, there are some significant challenges to the successful operation and implementation of the Chinese AML. In comparison, Hong Kong (HK), as a special administrative region of China, about 2000km away from Beijing, presents a different political and competition environment. Nevertheless, both economies are striving to achieve sustainable economic growth in a globally competitive market place. After a decade of discussions, HK's journey in enacting competitive has yet to realize. Under pressure from various stakeholders, the HK government has put out a details proposal on competitive law for public consultation in May this year. Even though the proposal is aimed at enhancing economic efficiency and promoting sustainable competition, there are some issues in the detailed proposal that are causes for concern. The motivation of this paper is to retrace some of the key arguments and factors leading to the enactment of competition law in PRC and the debates advocating such law in HK, so as to anticipate some of the problems associated with implementation. It also interesting to analyse the regulatory journeys of one country under two different administrations, where one is a modern economy under quasi-democratic government, the other is a developing one, labelled as a 'market economy with socialist characteristics' under a centralised socialist government. Part two of this paper begins with a brief introduction to the PRC AML legislative background, substantive provisions of the AML and the areas of uncertainty in regulation and enforcement of the AML. Part three devolves into the debates in enacting competition law in HK, which to date has yet to become law. Despite the detailed proposal transplanting many ideas from the laws of other modern economies, they are some provisions that are either weak or continues to safeguard the interest of monopolies in selective sectors. This article shall conclude with some insights from the trials and tribulations of the new PRC law and HK's drawn out policy dithering.
