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Author : Wendy Ng
Publisher : Cambridge University Press
Page : 419 pages
File Size : 39,35 MB
Release : 2018-01-11
Category : Law
ISBN : 1107154405
The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.
Author : Mark Williams
Publisher : Edward Elgar Publishing
Page : 449 pages
File Size : 44,25 MB
Release : 2013-01-01
Category : Law
ISBN : 1781001685
'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.
Author : Mark Williams
Publisher : Cambridge University Press
Page : 493 pages
File Size : 40,50 MB
Release : 2005-09-08
Category : Law
ISBN : 1139445839
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.
Author : Jingyuan Ma
Publisher : Springer Nature
Page : 286 pages
File Size : 25,40 MB
Release : 2020-05-13
Category : Law
ISBN : 9811551057
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 : Angela Zhang
Publisher : Oxford University Press
Page : 272 pages
File Size : 41,93 MB
Release : 2021-02-08
Category : Law
ISBN : 0192561197
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 : Perry Keller
Publisher : Routledge
Page : 541 pages
File Size : 50,83 MB
Release : 2017-07-05
Category : History
ISBN : 1351560689
This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.
Author : Mark Williams (Solicitor)
Publisher :
Page : 471 pages
File Size : 30,91 MB
Release : 2005
Category : Competition
ISBN : 9780511182693
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.
Author : Charlie Weng
Publisher :
Page : 0 pages
File Size : 20,96 MB
Release : 2014
Category :
ISBN :
In the area of business law, legislatures always lack incentives to enact optimal laws and are reluctant to innovate even if innovation is badly needed in the real business world. This reluctance exists because lawmakers share few of the benefits of producing optimal laws. Competition among states for corporate charters is the genius of American corporate law. This competition has proved to be an effective way to improve the responsiveness of corporate law. In contrast, the EU and Canada have run into bottlenecks when trying to introduce charters competition. Due to a lack of specific legal expertise in corporate law, Chinese local governments often find themselves with enormous discretion in regulating the local market. Driven by political ambitions, bureaucrats are eager to use any means available to raise local GDP. These methods include some that contradict the policy of the central government and have negative effects on the local community. These practices invite a “race to the bottom” situation and create symbiosis between management and bureaucrats, increasing the likelihood of corruption. These problems of racing to the bottom can be solved by actions of the central government. Meanwhile, thru introducing charters competition, local lawmakers still can compete and the competition under legal frame will be “race to the top” competition. Given the specific political and economic realities of China, the problems preventing the EU and Canada from adopting charters competition will not haunt China Through proper legal arrangement, local provinces may have a chance to promulgate their own corporate laws, even if the corporate law-making power remains in the hands of the national legislature.
Author : Wendy Ng
Publisher : Cambridge University Press
Page : 420 pages
File Size : 19,26 MB
Release : 2018-01-11
Category : Law
ISBN : 1108548725
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.
Author : Xiaoye Wang
Publisher : Kluwer Law International B.V.
Page : 202 pages
File Size : 23,19 MB
Release : 2018-02-27
Category : Law
ISBN : 9041195912
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.