Download e-book for iPad: Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe

By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard

ISBN-10: 019539478X

ISBN-13: 9780195394788

The China Anti-Monopoly legislation (AML), which grew to become potent August 1, 2008, is the 1st entire pageant legislation enacted by way of China. The AML prohibits a huge array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior through unmarried enterprises which could damage the aggressive technique. moreover, it establishes a compulsory administrative evaluation strategy for mergers and acquisitions among businesses assembly yes revenues thresholds, globally or in China. past those basic provisions, the AML prohibits particular types of administrative abuses believed to be known in China and establishes a posh set of administrative firms with vast powers to implement the legislation. Anti-Monopoly legislations and perform in China is the 1st entire therapy of the AML and the perform of antitrust legislations lower than this new method. every one bankruptcy at the important provisions of the legislation comprises useful recommendation on methods to assembly the problem of complying with the law's standards, together with research of most probably interpretations and purposes of the AML in accordance with precedents in comparable monetary legislation and activities through different administrative enterprises. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in response to related functions of pageant legislation in different jurisdictions.

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China has thereafter fostered its outreach efforts by establishing cooperative links with foreign antitrust authorities. See Russia, China Sign Cooperation Accords, BBC Worldwide Monitoring, Nov. 3, 2005 (reporting that China signed a “memorandum on mutual understanding on implementing the intergovernmental agreement on cooperation in preventing unfair competition and implementing antimonopoly policy for 2006 and 2007” in November 2005). See, for example, remarks given by participants at the International Seminar on AntiMonopoly Legislation (May 23–24, 2005): Wang Xiaoye, Comments on Latest Draft of Chinese Antitrust Law (May 24, 2005); William Blumenthal, Presentation to State Council Legislative Affairs Office Regarding the Anti-Monopoly Law of the People’s Republic of China (May 24, 2005).

1–7 (2009). 97. TFEU, art. 101. The Anti-Monopoly Law 29 Agreements), which comprises Articles 13 through 16. 100 This was another subject of considerable discussion at the International Seminar on Anti-Monopoly Legislation. 101 The AML, as adopted, treats horizontal agreements, in Article 13, separately from vertical agreements, in Article 14. Bid-rigging. Previous drafts of the AML contained provisions, such as Article 10 of the November 2005 Draft AML and Article 9 of the June 2006 Draft AML, that constituted a separate prohibition on rigging bids to eliminate or restrict competition.

The undertakings in the industries specified in the preceding paragraph shall conduct their business according to law, act in good faith, observe strict self-discipline, subject themselves to the supervision from the public, and shall not impair the interests of consumers by exploitation of their controlling or exclusive and monopoly positions. This language first appeared during the time the draft AML underwent the process of first “readings” before the NPC. 80 Members of the legislature noted that telecommunications operators 79.

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Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard


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