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Antitrust Law in China, Korea and Vietnam

Antitrust Law in China, Korea and Vietnam
Author: Mark Furse
Publisher: OUP Oxford
Total Pages: 0
Release: 2009-06-18
Genre: Law
ISBN: 9780199285860

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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.


The Political Economy of Competition Law in China

The Political Economy of Competition Law in China
Author: Wendy Ng
Publisher: Cambridge University Press
Total Pages: 419
Release: 2018-01-11
Genre: Law
ISBN: 1107154405

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The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.


Anti-monopoly Law and Practice in China

Anti-monopoly Law and Practice in China
Author: H. Stephen Harris
Publisher: Oxford University Press, USA
Total Pages: 593
Release: 2011
Genre: Law
ISBN: 019539478X

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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.


Asian Capitalism and the Regulation of Competition

Asian Capitalism and the Regulation of Competition
Author: Michael W. Dowdle
Publisher: Cambridge University Press
Total Pages: 389
Release: 2013-04-18
Genre: Law
ISBN: 110702742X

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This book explores the implications of Asian forms of capitalism for the emerging global competition law regime.


The Political Economy of Competition Law in Asia

The Political Economy of Competition Law in Asia
Author: Mark Williams
Publisher: Edward Elgar Publishing
Total Pages: 449
Release: 2013-01-01
Genre: Law
ISBN: 1781001685

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'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.


The Chinese Anti-Monopoly Law

The Chinese Anti-Monopoly Law
Author: Michael Faure
Publisher: Edward Elgar Publishing
Total Pages: 425
Release: 2013-01-01
Genre: Law
ISBN: 1781003246

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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.


Confucian Culture and Competition Law in East Asia

Confucian Culture and Competition Law in East Asia
Author: Jingyuan Ma
Publisher: Cambridge University Press
Total Pages: 431
Release: 2022-09-08
Genre: Law
ISBN: 1108863280

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Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.


China's Anti-Monopoly Law

China's Anti-Monopoly Law
Author: Adrian Emch
Publisher: Kluwer Law International B.V.
Total Pages: 560
Release: 2013-07-01
Genre: Law
ISBN: 9041141316

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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.


Competition Law in the ASEAN Countries

Competition Law in the ASEAN Countries
Author: Ploykaew Porananond
Publisher: Kluwer Law International B.V.
Total Pages: 218
Release: 2018-06-22
Genre: Law
ISBN: 9041191224

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Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.


Confucian Culture and Competition Law in East Asia

Confucian Culture and Competition Law in East Asia
Author: Jingyuan Ma
Publisher: Cambridge University Press
Total Pages: 431
Release: 2022-09-08
Genre: Business & Economics
ISBN: 1108488234

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Shows how cultural factors have influenced the development of competition law in China, Japan and Korea.