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Procedural Fairness In Chinese Antitrust
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Book Synopsis Procedural Fairness in Chinese Antitrust by : Jingyuan Ma
Download or read book Procedural Fairness in Chinese Antitrust written by Jingyuan Ma and published by . This book was released on 2018 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter offers an overview of procedural fairness in Chinese antitrust. To a certain extent, issues of procedural fairness are intertwined in China with substantive issues of competition law and economics. Part of the complexity has to do with the newness of the AML and with authorities working through a number of cases, industries, and types of conduct that are issues of first impression. Under such circumstances it takes time to build core competencies on the part of the competition authorities. Sometimes what may seem to be procedural fairness issues (such as delay or requests for information that does not seem directly related to the case at hand) may in fact be a function of authority staff coming up to speed on issues for which there is no institutional knowledge.The level of transparency in the Chinese system, at least on paper, bears a resemblance to the European system of procedural fairness in an antitrust setting. However, in practice, the lack of transparency and due process in China suggests behavior that does not comport with the emerging international norms. Similar to transparency concerns masking public interest factors are due process concerns masking public interest factors. Due to the multiple goals, the Chinese competition authorities are more active in their use of industrial policy on substantive decisions relative to the United States and Europe.
Book Synopsis China's Antitrust Administrative Litigations by : Liyang Hou
Download or read book China's Antitrust Administrative Litigations written by Liyang Hou and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The administrative litigations play an essential role in the Anti-Monopoly Law in China. Empirical research suggests that despite the preliminary development antitrust administrative litigations present the “four lowness” phenomenon, namely low start-up, low total case number, low rate of lawsuits against the competition authorities, and low winning rate for plaintiffs. The most severe problems remain two, namely plaintiffs' grounding and the scope of judicial review. It is both empirically urgent and theoretically necessary to establish special rules for antitrust administrative procedure. In order to promote and improve effective antitrust enforcement, it is proposed to recognize plaintiffs' grounding based on procedural participation, to let justice urge competition authorities to adopt procedural guidelines, and to mildly extend the scope of judicial review.
Book Synopsis Procedural Rights in Competition Law in the EU and China by : Caroline Cauffman
Download or read book Procedural Rights in Competition Law in the EU and China written by Caroline Cauffman and published by Springer. This book was released on 2016-03-23 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
Book Synopsis Leniency in Asian Competition Law by : Steven Van Uytsel
Download or read book Leniency in Asian Competition Law written by Steven Van Uytsel and published by Cambridge University Press. This book was released on 2022-09-22 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.
Book Synopsis The Political Economy of Competition Law in China by : Wendy Ng
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 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.
Book Synopsis The Evolution of China's Anti-Monopoly Law by : Xiaoye Wang
Download or read book The Evolution of China's Anti-Monopoly Law written by Xiaoye Wang and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of e
Book Synopsis Antitrust Procedural Fairness by : D. Daniel Sokol
Download or read book Antitrust Procedural Fairness written by D. Daniel Sokol and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
Book Synopsis Competition Law Enforcement in the BRICS and in Developing Countries by : Frederic Jenny
Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2016-06-13 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy Publisher : ISBN 13 : Total Pages :112 pages Book Rating :4.:/5 (327 download)
Book Synopsis Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Download or read book Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and published by . This book was released on 2010 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Procedural Fairness in Competition Proceedings by : Paul Nihoul
Download or read book Procedural Fairness in Competition Proceedings written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
Book Synopsis Improving Procedural Justice in Anti-Dumping Investigations by : Abdulkadir Yilmazcan
Download or read book Improving Procedural Justice in Anti-Dumping Investigations written by Abdulkadir Yilmazcan and published by Cambridge University Press. This book was released on 2024-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.
Book Synopsis Renmin Chinese Law Review by : Jichun Shi
Download or read book Renmin Chinese Law Review written by Jichun Shi and published by Edward Elgar Publishing. This book was released on 2019 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
Book Synopsis The Law and Politics of Global Competition by : Christopher Townley
Download or read book The Law and Politics of Global Competition written by Christopher Townley and published by Oxford University Press. This book was released on 2022-02-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its own words, the mission of the International Competition Network (the ICN) is to advocate the adoption of "superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide." ICN members include nearly all competition authorities (NCAs) from around the world (over 100 of them). Since its inception, the ICN has also sought to enrich its discussions and outputs through the inclusion of non-governmental advisors (NGAs), principally large multi-nationals and the legal and economic professions. The ICN is a transnational network, set up by its members, largely without wider state input. This book hypothesises that the ICN's formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak; and 'competition experts' over wider state interests, discussing the legitimacy of this from a political and legal theory perspective, analysing the ICN's effectiveness and efficiency, and suggesting ways that the ICN can improve all three. This study has important implications for the ICN itself, particularly as it launches its 'Third Decade Project', billed as a full self-evaluation. However, the story told here is also relevant to states and the wider regulatory community, due to the widespread use of transnational networks.
Author :United States. Congress. House. Committee on Appropriations. Subcommittee on Financial Services and General Government Publisher : ISBN 13 : Total Pages :924 pages Book Rating :4.3/5 ( download)
Book Synopsis Financial services and general government appropriations for 2018 by : United States. Congress. House. Committee on Appropriations. Subcommittee on Financial Services and General Government
Download or read book Financial services and general government appropriations for 2018 written by United States. Congress. House. Committee on Appropriations. Subcommittee on Financial Services and General Government and published by . This book was released on 2017 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Economic Law and Governance by : Julien Chaisse
Download or read book International Economic Law and Governance written by Julien Chaisse and published by Oxford University Press. This book was released on 2016-08-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.
Book Synopsis Chinese Antitrust Exceptionalism by : Angela Zhang
Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press. This book was released on 2021-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law Publisher : ISBN 13 : Total Pages :108 pages Book Rating :4.:/5 (319 download)
Book Synopsis Antitrust Enforcement Agencies by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Download or read book Antitrust Enforcement Agencies written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law and published by . This book was released on 2014 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
