By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard
The China Anti-Monopoly legislation (AML), which grew to become powerful August 1, 2008, is the 1st complete pageant legislations enacted by way of China. The AML prohibits a huge array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by means of unmarried organisations which can damage the aggressive approach. moreover, it establishes a compulsory administrative evaluate process for mergers and acquisitions among businesses assembly definite revenues thresholds, globally or in China. past those basic provisions, the AML prohibits specific sorts of administrative abuses believed to be generic in China and establishes a fancy set of administrative organizations with extensive powers to implement the legislation. Anti-Monopoly legislation and perform in China is the 1st complete remedy of the AML and the perform of antitrust legislation less than this new procedure. every one bankruptcy at the sizeable provisions of the legislations contains sensible recommendation on ways to assembly the problem of complying with the law's necessities, together with research of most likely interpretations and functions of the AML in accordance with precedents in comparable fiscal legislation and activities through different administrative companies. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in keeping with related functions of pageant legislation in different jurisdictions.
Read or Download Anti-Monopoly Law and Practice in China PDF
Similar administrative law books
This ebook experiences takeovers from the acquirer's standpoint. extra accurately, the publication makes a speciality of the UK's criminal and regulatory therapy of the dangers confronted through the buying corporation shareholders in takeovers. The pointed out dangers are classified into major teams — dangers generated through managerial offerings and regulatory or exterior hazards.
Smith and Keenan's corporation legislations is a transparent, entire and functional advisor to corporation legislations excellent for these trying to know the way corporation legislation works in actual lifestyles context. Authoritative and but available, the hot version has been revised and rewritten to totally comprise the firms Act 2006 and offers a certainly targeted advisor for undergraduates learning the topic for the 1st time.
Reduce in the course of the legalese to actually comprehend building lawSmith, Currie & Hancock's good judgment building legislation is a consultant for non-lawyers, proposing a pragmatic advent to the numerous felony themes and questions affecting the development undefined. Now in its 5th version, this helpful consultant has been up to date to mirror the most up-tp-date advancements within the box, with new details on Public deepest Partnerships, overseas development initiatives, and extra.
The precise better half to constructing the fundamental talents had to adopt the center module of English criminal procedure as a part of undergraduate research of legislation or a qualifying GDL/CPE conversion path. offering aid for studying and revision all through, the most important talents are verified within the context of the middle themes of research with expertly written instance units of notes, via possibilities to benefit and try out your wisdom through growing and conserving your personal summaries of the main issues.
- European Competition Law Annual 2002: Constructing the EU Network of Competition Authorities
- Das öffentliche Deutsch
- Greening the City: Urban Landscapes in the Twentieth Century
- The Indian Law Legacy of Thurgood Marshall (Palgrave Pivot)
- Modern Studies in Property Law: Property 2000 (Modern Studies in Property Law)
- Linguistic Battles in Trademark Disputes
Additional resources for Anti-Monopoly Law and Practice in China
Antitrust law in focusing on protecting the competitive process and not individual market participants). , Inc. v. S. 294, 320 (1962) (noting that the antitrust laws were enacted for “the protection of competition, not competitors”). 78. See Reiter v. S. 330, 343 (1979) (stating that the Sherman Act was designed as a “consumer welfare prescription”). 79 However, despite commentary at the drafting stage regarding the need for a substantiality requirement, Article 2 of the AML does not require that the anticompetitive effect be direct, substantial, or foreseeable, causing observers to worry about the law’s possible application to extraterritorial conduct with indirect, insubstantial, or unforeseeable effects in China.
L. Rev. 577 (1994). 101. See June 2006 Draft AML, art. 8. See also September 30, 2005 Draft AML, art. 9, which separately addresses vertical monopoly agreements. 102. Please refer to Chapter 9 of this book for a discussion of the Bidding Law. 103. May 2005 Draft AML, art. 8. 30 Chapter 1 Legislative History of the Anti-Monopoly Law Exemptions. Article 15 of the AML provides for a basis for possible exemption of otherwise anticompetitive conduct. ”106 This condition was eliminated in the June 2006 Draft AML.
Article 2 of the June 2006 Draft AML provided as follows: “As for monopolistic conduct prohibited by this Law, this Law does not apply where other laws or administrative regulations 81. 82. 83. 84. 18 Pacific Rim Law and Policy Journal 53, 83 (January 2009) (“During the debates on the AML, some NPC members pointed out that SOE monopolies harm consumers and should be brought under AML disciplines, with high rates charged by the telecommunications industry singled out as a particular concern. ”) (citing Fan long duan fa cao an er shen fan long duan qian lu man man [The Second Reading of AML Draft, A Long Way to Go], Shi Jie Cai Jing Bao Dao [World Finance Report] (July 12, 2007)).