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.
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 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 Competition Policy in East Asia written by Erlinda M. Medalla and published by Psychology Press. This book was released on 2005 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection draws together papers on competition policy that were presented at the twenty-eighth conference of the Pacific Area Forum on Trade and Development (PAFTAD), held in Manila on 16th to 18th September 2002.
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 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 Competition Law in China written by Jingyuan Ma and published by Springer Nature. This book was released on 2020-05-13 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Political Economy of Competition Law in Asia written by Mark Williams and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
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 Hong Kong Competition Law written by and published by . This book was released on 2017 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important new book provides a substantive introduction to Hong Kong competition law contained in the new Competition Ordinance as supplemented by the Competition Commission's Guidelines. Reference is also made to the most important case law concerning competition rules in other jurisdictions, in particular the European Union, from which the Hong Kong competition rules draw inspiration. Hong Kong Competition Law also sets out fully the procedural and enforcement rules before the Competition Commission and the Competition Tribunal. Specific sections deal with the application of competition law to the major economic sectors in Hong Kong: construction, energy, finance, retail, telecommunications and transport. A final chapter provides a comparative survey of competition law in China, Japan and South Korea."--Bloomsbury Publishing.
Download or read book Competition Laws Globalization and Legal Pluralism written by Qianlan Wu and published by A&C Black. This book was released on 2014-07-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Download or read book Competition Law Regulation and SMEs in the Asia Pacific written by Michael T Schaper and published by Flipside Digital Content Company Inc.. This book was released on 2017-03-09 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Small and medium-sized enterprises (SMEs) account for more than 90 per cent of all businesses in the Asia-Pacific region - an area which is rapidly updating its competition laws and regulations to encourage greater entrepreneurship and open, dynamic economies. Yet SMEs are almost invisible when those competition policies and laws are developed and enforced. SMEs are often quite different businesses than large, multinational corporations, but their nature, significance and characteristics are often overlooked. This book seeks to rectify the relative neglect in research and policy discussions on the role of the SME sector in competition policy and law. Drawing on contributions from a wide range of competition regulators, lawyers, academics, consultants and advisers to the SME sector, it addresses such important issues as: perceptions and views of small businesses about competition law; regulator engagement and education of the SME sector; the link between competition law and economic growth; franchising, SMEs and competition law; issues in enforcing competition law against SMEs; the role of Chinese family firms; trade, professional and industry associations; country case studies from Vietnam, Singapore, Indonesia, Malaysia, China, South Korea, Hong Kong SAR, Japan and the Pacific Islands.
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 Competition Law in Developing Countries written by Thomas K. Cheng and published by Oxford University Press. This book was released on 2020-05-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).
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: Offers a comparative and theoretical analysis of the new cross-sector competition law regime in Hong Kong.
