Download or read book The High Wire Balancing Act of Merger Control Under China s Anti Monopoly Law written by Yee Wah Chin and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since August 2008, when China's Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 notified transactions and issued over a dozen decisions. These decisions, plus the unconditional clearance of several transactions, reveal MOFCOM's rapidly growing sophistication in analyzing the competition implications of transactions and overall mainstream approach to merger analysis, as well as its continued delicate balancing of competition factors with other considerations. The decisions may also reflect the natural conservatism when acting in what is for China still fairly uncharted territory. They may indicate one approach for a developing competition law regime to establish a body of precedents within the global mainstream while accommodating specific domestic circumstances. A close review of MOFCOM's decisions leads to a conclusion that there remains a risk that the AML merger control process will be politicized and trumped by industrial policy and nationalism. It seems also clear that any accommodation of industrial policy or nationalism is made with a care to minimize distortion of the development of competition law in China. MOFCOM is deftly developing a public record that will support development of AML enforcement generally within mainstream competition law internationally, while addressing in ways primarily off-the-record non-competition domestic concerns. The decisions may reflect the fact that the AML expressly requires consideration of non-competition factors such as China's national economic development. Those published decisions that differed significantly from that of other major competition law jurisdictions are noteworthy in generally imposing conditions where other authorities imposed none or fewer, in the nature of the conditions imposed, and in the possible motivations for the outcomes. This paper considers MOFCOM's AML enforcement record. It summarizes the merger control regime created under the AML and its implementing regulations. It analyzes the statistics through mid-December 2011 and the published decisions through August 17, 2012. Some themes that may be discerned are discussed. First, MOFCOM has achieved flexibility in its implementation of the AML beyond that provided in the statute, especially in the time line for merger review. Second, MOFCOM's inaction in some instances and apparent off-the-record positions in other situations can be explained as ways to accommodate nationalism and industrial policy without creating a record of competition law enforcement skewed by non-competition factors. The paper next reviews the published decisions where nationalism and industrial policy concerns may have been accommodated. The conditions imposed by MOFCOM in several cases appear explicable primarily if industrial policy was considered. Nonetheless, a complete review of the published decisions indicates that MOFCOM's analyses reflect more a skepticism toward analyses of parties' likely conduct post-transaction, as well as a recognition that its only opportunity to address concerns is at the merger control stage, because post-transaction abuse of market power would be within the purview of the State Administration for Industry & Commerce and the National Development & Reform Commission. Where the transaction appears unlikely to affect a significant Chinese industry, MOFCOM appears confident in its merger analyses. The paper closes with recognition of the overall challenge for MOFCOM's development of AML merger control.
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 Comparative Competition Law written by John Duns and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Download or read book European Competition Law Annual 2010 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2013-02-11 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, top-level market regulators, academics and legal and economic practitioners contribute to the Annual Competition Workshop organised at the European University Institute in Florence. The Co-Directors of the Workshop are Philip Lowe, Mel Marquis and Giorgio Monti. Workshop participants address and critically analyse a particular set of topical issues in the field of competition law and policy. The proceedings are published in Hart's European Competition Law Annual series. This is the fifteenth in the ECLA series. It encompasses numerous chapters that examine the field of merger control from a variety of perspectives. In these chapters the contributors discuss legal and economic issues of substantive analysis, procedure, comity and best practices, as well as matters relating to the litigation of merger cases, particularly before the European Courts. The discussion also benefits from the perspectives of policy makers and experts from Canada, China, Japan, Korea, the United States and other jurisdictions and regions. Authors contributing to this book include: John Boyce Calvin Goldman Andreas Mundt Rachel Brandenburger Klaus Gugler Lars-Hendrik Röller Jochen Burrichter Barry Hawk Tadashi Shiraishi Maher Dabbah Scott Hemphill Irwin Stelzer Thomas Deisenhofer Seonghoon Jeon James Venit Götz Drauz William Kovacic Sven Völcker Kirsten Edwards Mel Marquis Vanessa Yanhua Zhang Adam Fanaki Abel Mateus Xinzhu Zhang
Download or read book Texas Intellectual Property Law Journal written by and published by . This book was released on 2013 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hart Scott Rodino Antitrust Improvements Act of 1976 written by and published by . This book was released on 1990 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Influence and American Interests written by Larry Diamond and published by Hoover Press. This book was released on 2019-08-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Americans are generally aware of China's ambitions as a global economic and military superpower, few understand just how deeply and assertively that country has already sought to influence American society. As the authors of this volume write, it is time for a wake-up call. In documenting the extent of Beijing's expanding influence operations inside the United States, they aim to raise awareness of China's efforts to penetrate and sway a range of American institutions: state and local governments, academic institutions, think tanks, media, and businesses. And they highlight other aspects of the propagandistic “discourse war” waged by the Chinese government and Communist Party leaders that are less expected and more alarming, such as their view of Chinese Americans as members of a worldwide Chinese diaspora that owes undefined allegiance to the so-called Motherland.Featuring ideas and policy proposals from leading China specialists, China's Influence and American Interests argues that a successful future relationship requires a rebalancing toward greater transparency, reciprocity, and fairness. Throughout, the authors also strongly state the importance of avoiding casting aspersions on Chinese and on Chinese Americans, who constitute a vital portion of American society. But if the United States is to fare well in this increasingly adversarial relationship with China, Americans must have a far better sense of that country's ambitions and methods than they do now.
Download or read book Reforming Infrastructure written by Ioannis Nicolaos Kessides and published by World Bank Publications. This book was released on 2004 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electricity, natural gas, telecommunications, railways, and water supply, are often vertically and horizontally integrated state monopolies. This results in weak services, especially in developing and transition economies, and for poor people. Common problems include low productivity, high costs, bad quality, insufficient revenue, and investment shortfalls. Many countries over the past two decades have restructured, privatized and regulated their infrastructure. This report identifies the challenges involved in this massive policy redirection. It also assesses the outcomes of these changes, as well as their distributional consequences for poor households and other disadvantaged groups. It recommends directions for future reforms and research to improve infrastructure performance, identifying pricing policies that strike a balance between economic efficiency and social equity, suggesting rules governing access to bottleneck infrastructure facilities, and proposing ways to increase poor people's access to these crucial services.
Download or read book Importing Into the United States written by U. S. Customs and Border Protection and published by . This book was released on 2015-10-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc.
Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.
Download or read book United States Antitrust Law and Economics written by Einer Elhauge and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a modern approach to understanding U.S. antitrust law, illuminating the economic analysis that dominates modern antitrust analysis in a straightforward way that minimizes technical jargon and makes the underlying economic concepts accessible to a broad audience. The cases are carefully edited to present the facts and issues clearly and succinctly, with the focus on extensive questions that probe those issues and show how to apply modern antitrust economic analysis to them. The result is a book that is quite compact, fewer than 800 pages, but covers the full waterfront of antitrust issues and generates plenty of multi-layered points and ideas to fill a class. Throughout the book incorporates important Supreme Court antitrust cases and agency guidelines. The merger section focuses on modern agency practices and merger theories, and selected cases that illustrate them, rather than on outdated Supreme Court cases that no longer describe current merger enforcement.
Download or read book The Puppet Masters written by Emile van der Does de Willebois and published by World Bank Publications. This book was released on 2011-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Download or read book Model Law on Competition written by United Nations Conference on Trade and Development and published by . This book was released on 2007 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document presents a further revised version of the Model Law on Competition originally published by UNCTAD in February 2003 (ISBN 9211125952). Revisions made are specifically to Part II entitled "Draft commentaries to possible elements for a competition law of a Model Law or Laws"
Download or read book A Century of Innovation written by 3M Company and published by 3m Company. This book was released on 2002 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compilation of 3M voices, memories, facts and experiences from the company's first 100 years.
Download or read book The Federal Reserve System Purposes and Functions written by Board of Governors of the Federal Reserve System and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth overview of the Federal Reserve System, including information about monetary policy and the economy, the Federal Reserve in the international sphere, supervision and regulation, consumer and community affairs and services offered by Reserve Banks. Contains several appendixes, including a brief explanation of Federal Reserve regulations, a glossary of terms, and a list of additional publications.
Download or read book The Financial Crisis Inquiry Report written by Financial Crisis Inquiry Commission and published by Cosimo, Inc.. This book was released on 2011-05-01 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
