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The Practitioner's Guide to Antitrust in China

The Practitioner's Guide to Antitrust in China
Author: Becky Nao Koblitz
Publisher: Kluwer Law International B.V.
Total Pages: 242
Release: 2015-08-27
Genre: Law
ISBN: 9041168125

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Management and legal counsel of foreign companies operating in China as well as those outside China with Chinese business desperately need to keep up with the fast-paced antitrust developments in the most dynamic market in the world. The author of this book, Becky Koblitz, is a seasoned antitrust lawyer for a major U.S. law firm in Beijing. She has decades of legal experience as a prosecutor at the Antitrust Division of the U.S. Department of Justice, as well as in-house counsel for a German subsidiary of a major American real estate development company and as a lawyer at law firms globally. Her rich experience in the U.S., Europe and China, now often regarded as the three centers of global antitrust, makes her the perfect candidate to write a book on China's antitrust development. Her book is a quick read that tells what there is to know about China's antitrust enforcement and includes practical advice and examples for the various aspects of antitrust: dealing with competitors, dealing within the supply chain, mergers, etc. She writes in a straight-forward language such that non-antitrust lawyers can get beyond stock phrases like "illicit price coordination," "abuse of dominance," or "unilateral effect." Her book is a valuable and practical "cookbook" for antitrust compliance training and beyond. Another feature of the book is that it provides both legal and economic perspectives on antitrust analysis in China, which is important given that economic analysis is increasingly adopted by China's antitrust agencies and the Chinese courts. Thus understanding the logic and methodology behind economic analysis as applied to Chinese cases is key to conducting proper antitrust legal analysis that is tailored to the Chinese context. To write a book on the burgeoning antitrust enforcement and practice for the constantly evolving Chinese market is a real challenge. The trick, and it is not as easy as you would think, is to write simple declarative sentences, understandable to the antitrust layman, and at the same time not lose the rigor of antitrust analysis. I think this relatively short book is a remarkable achievement in meeting such a challenge, but I invite you to judge for yourself.


Chinese Antitrust Exceptionalism

Chinese Antitrust Exceptionalism
Author: Angela Zhang
Publisher: Oxford University Press
Total Pages: 272
Release: 2021-02-08
Genre: Law
ISBN: 0192561197

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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.


Searching the Law, 3d Edition

Searching the Law, 3d Edition
Author: Frank Bae
Publisher: BRILL
Total Pages: 764
Release: 2021-12-13
Genre: Law
ISBN: 9004502416

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Practitioner's Guide to Global Investigations

Practitioner's Guide to Global Investigations
Author: Judith Seddon
Publisher: Law Business Research Ltd.
Total Pages: 987
Release: 2018-01-19
Genre:
ISBN: 1912377837

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There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.


Chinese Antitrust Exceptionalism

Chinese Antitrust Exceptionalism
Author: Angela Zhang
Publisher: Oxford University Press, USA
Total Pages: 273
Release: 2021-03
Genre: Business & Economics
ISBN: 0198826567

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This book explores the clash between antitrust, a body of law designed to address market failures in Western democracies, and China, an economic superpower under authoritarian control, analysing the challenges Chinese regulation poses to foreign companies and those faced by Chinese firms in complying with antitrust rules in foreign countries.


Mining Ideas For Diamonds: Comparing China And Us Ip Practices From Invention Selection To Patent Monetization

Mining Ideas For Diamonds: Comparing China And Us Ip Practices From Invention Selection To Patent Monetization
Author: Tao Zhang
Publisher: World Scientific
Total Pages: 384
Release: 2016-09-20
Genre: Business & Economics
ISBN: 9813146184

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In 2015, China and the U.S. were among the top three countries in terms of the number of international PCT (Patent Cooperation Treaty) patents filed, together making up 40% of the global share, reported the World Intellectual Property Organization (WIPO).Not surprisingly, there is a huge international desire within the business, legal and technical communities to better understand the Intellectual Property (IP) practices of these two giants in the industry. This book, a pioneer in comparing the two countries' practices side-by-side, does just that.Tao Zhang and Jingui Fang, respectively from Huawei Device USA and Huawei Technologies in China (2015's top PCT applicant according to WIPO, with 3,898 published patent applications), provide readers with first-hand guidance from invention conception to IP monetization, with a consistent emphasis on quality. Written such that readers can delve straight into any area of the IP cycle that interests them, the book also contains useful checklists that highlight best practices and key lessons learned.Whether you are an individual wanting to improve a product or process, a patent drafter needing to provide client satisfactory results, a patent asset manager desiring to create a bullet proof portfolio, or an IP business executive wishing to deliver much needed financial results to your company's bottom line, this book, with its comparative approach, is an essential read — filled with tips and information to help you create high quality patents.


The Cambridge Handbook of Technical Standardization Law

The Cambridge Handbook of Technical Standardization Law
Author: Jorge L. Contreras
Publisher: Cambridge University Press
Total Pages: 1194
Release: 2017-12-14
Genre: Law
ISBN: 1108547303

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Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.


Economics and Regulation in China

Economics and Regulation in China
Author: Michael Faure
Publisher: Routledge
Total Pages: 253
Release: 2013-10-15
Genre: Business & Economics
ISBN: 1134623070

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This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.


China and EU Antitrust Review of Refusal to License IPR

China and EU Antitrust Review of Refusal to License IPR
Author: Dr. Tiancheng Jiang
Publisher: Maklu
Total Pages: 357
Release: 2015
Genre: Law
ISBN: 9046607623

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Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.


Maritime Law in China

Maritime Law in China
Author: Johanna Hjalmarsson
Publisher: Routledge
Total Pages: 0
Release: 2023-12-31
Genre: Business & Economics
ISBN: 9781138614376

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The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.