Download or read book Assessing Unfair Pricing Under China s Anti monopoly Law for Innovation intensive Industries written by David Sparks Evans and published by . This book was released on 2014 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Policy and Regulation written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Excessive Pricing and Competition Law Enforcement written by Yannis Katsoulacos and published by Springer. This book was released on 2018-09-12 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book Annotated Leading Patent Cases in Major Asian Jurisdictions written by Kung-Chung LIU and published by City University of HK Press. This book was released on 2017-06-06 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.
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 Essential Interoperability Standards written by Simon Brinsmead and published by Cambridge University Press. This book was released on 2021-08-12 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new expert-led international instrument to address access to essential technical standards.
Download or read book Firm Dominance in EU Competition Law written by Jorge Marcos Ramos and published by Kluwer Law International B.V.. This book was released on 2020-02-20 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Economic Modernisation And Structural Changes Essays In Honour Of John Wong written by Yongnian Zheng and published by World Scientific. This book was released on 2019-03-05 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a timely update on the ongoing transformation of the Chinese economy. As the world's second largest economy, China marked the 40th anniversary of economic reform and opening-up in 2018. In this book, top scholars on Chinese economic studies review China's remarkable economic achievement in the past four decades and analyse the challenges facing economic development in the country.The book focusses on structural changes of China's economy, which are essential to steer the country towards sustainable development. It studies the long-term factors affecting the Chinese economy such as education and innovation, and emerging sources of economic growth, such as e-commerce. Other important aspects of the Chinese economy explored in this book include the economic role of the Chinese government, fiscal reforms, capital account liberalisation, housing policies, competition policy and anti-monopoly law, China's export, trends of regional development and reforms of state-owned enterprises.This rich collection of policy-oriented economic studies is also a tribute to Professor John Wong, former research director of the East Asian Institute, National University of Singapore, who passed away in June 2018. For over three decades, Professor Wong had followed and provided insightful analyses on China's economic development.
Download or read book China s Grand Strategy written by Andrew Scobell and published by Rand Corporation. This book was released on 2020-07-27 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.
Download or read book Innovative China written by Development Research Center of the State Council and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than three decades of average annual growth close to 10 percent, China's economy is transitioning to a 'new normal' of slower but more balanced and sustainable growth. Its old drivers of growth -- a growing labor force, the migration from rural areas to cities, high levels of investments, and expanding exports -- are waning or having less impact. China's policymakers are well aware that the country needs new drivers of growth. This report proposes a reform agenda that emphasizes productivity and innovation to help policymakers promote China's future growth and achieve their vision of a modern and innovative China. The reform agenda is based on the three D's: removing Distortions to strengthen market competition and enhance the efficient allocation of resources in the economy; accelerating Diffusion of advanced technologies and management practices in China's economy, taking advantage of the large remaining potential for catch-up growth; and fostering Discovery and nurturing China's competitive and innovative capacity as China approaches OECD incomes in the decades ahead and extends the global innovation and technology frontier.
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.
Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.
Download or read book The Rate and Direction of Inventive Activity Revisited written by Josh Lerner and published by University of Chicago Press. This book was released on 2012-04-15 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers contributions to questions relating to the economics of innovation and technological change. Central to the development of new technologies are institutional environments and among the topics discussed are the roles played by universities and the ways in which the allocation of funds affects innovation.
Download or read book Competing Through Innovation written by David J. Teece and published by Edward Elgar Publishing. This book was released on 2013 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cohesive collection brings together David J. Teece's most important work on the nexus of innovation and competition policy. He was one of the first to flag the importance of innovation issues to competition policy 25 years ago. He has also pioneered the application of economic and organizational principles to issues in the management of innovation. Throughout these essays, Professor Teece shows how technological advances, the advent of the Internet and other recent shifts in the global business landscape have placed businesses in a radically altered situation from even just a few decades ago. He clearly elucidates the need for both businesses and policymakers to adapt to this rapidly evolving landscape by embracing and fostering next-generation competition policies. Topics discussed include antitrust policy, technology strategies, competition policy, market power and intellectual property issues. Students and professors of business and management, innovation studies, intellectual property and competition lawyers will find this volume a critical asset to their work. Policymakers and regulators will also benefit immensely from this lucid and comprehensive collection.
