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Antitrust Law in China, Korea and Vietnam

Antitrust Law in China, Korea and Vietnam

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199285860
  • Published In: June 2009
  • Format: Hardback , 528 pages
  • Jurisdiction: China, Korea, Vietnam ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • The first book in English to provide clear guidance to practitioners on the new antitrust law in China
  • Includes comprehensive coverage of antitrust laws in Korea and Taiwan, with relevant legislation and cases, along with detailed discussion of the law in Vietnam and proposed new law in Hong Kong
  • Written by a leading author and senior academic in the field of competition law who has worked widely in China, Hong Kong and Korea, with input from consultant editors based in the jurisdictions covered
  • Appendices material includes translations of the core relevant legislation for each of the states, materials which can be difficult to find otherwise

Following China's entry into the WTO in September 2001, it has been keen to establish itself among trading parties as a market economy. In recent years it has become one of the largest trading nations in the world, and is a source of substantial inward investment. In recognition of these developments, the government has undertaken a major overhaul and modernisation of its competition law, superseding the outdated and disparate provisions previously in place, with new legislation in 2007. China's near neighbours, Vietnam and South Korea, likewise have vibrant economies and have had strong trading relationships with the west for many years. This book is the first to cover the practical implications of the developments in competition law in these countries.



It is aimed at practising lawyers and company advisors, giving a clear description of the new antitrust law in China, the established antitrust law in Taiwan and Korea, and the underdeveloped law in Vietnam. It also considers developments in Hong Kong, which is in the process of introducing a general law of antitrust. The first part of the book gives a concise introduction to antitrust laws and policies in the jurisdictions covered, as well as an introduction to standards in antitrust law for those new to the area. China, Taiwan, Korea and Vietnam each have five chapters devoted to discussion of the regime in general, its institutional shape, the substantive laws relating to agreements, dominant or monopoly firm conduct, merger control and procedures. The relevant legislation is explained and the principles clarified by references to guidelines, practice and relevant decisions and cases. In the case of Hong Kong a single chapter discusses the proposals brought forward by the legislature. Particular attention is paid to the extent to which antitrust laws in each jurisdiction may be applied to parties who are not citizens in those jurisdictions.



This book is invaluable to lawyers advising clients engaging in international trade and commerce with and within these territories, and besides giving a clear explanation of the position of the law, it also contains translations of the core relevant legislation for each of the jurisdictions. Academics specialising in international competition law will find this a concise and informative text for consultation.

Readership: Practitioners dealing with antitrust (competition) law; antitrust and trade authorities; academics specialising in antitrust (competition), law; reference libraries; in each case worldwide.

PART ONE


1.1: Introduction


Antitrust Law in China


Antitrust Law in Hong Kong


Antitrust Law in Taiwan


Antitrust Law in Korea


Antitrust Law in Vietnam


1.2: Standards in Antitrust Law


Introduction


The Control of Anti-Competitive Agreements


Monopolisation and Abuse of Dominant Position


Merger Control


Application of Economic Principles and Evidence


International Cooperation


PART TWO


2.1: The Chinese Antitrust Law Regime


Introduction


The Anti-Monopoly Law


The Institutional Structure


General Exemptions


Territorial Application


International Cooperation and Agreements


Pre-2007 Legislation


2.2: China Agreements


Introduction


Horizontal Agreements


Vertical Agreements


Trade Associations


Exemptions


Penalties


2.3: China Monopoly and Abuse of Dominance


Introduction


The Assessment of Dominance


Abuse of Dominant Position


Abuse of Administrative Power


2.4: China Merger Control


Introduction


Jurisdiction


Procedures


The Substantive Test


Efficiencies and the Failing Firm Defence


Remedies and Penalties


2.5: China Procedure


Introduction


Investigations by the AMEA


Complaints


Final Decisions


Penalties


Appeals


Third Party Rights


PART THREE


3.1: Antitrust in Hong Kong


Introduction


The Proposals


PART FOUR


4.1: The Taiwan Antitrust Law Regime


Introduction


The Fair Trade Commission


General Exemptions


Territorial Application


International Cooperation and Agreements


4.2: Taiwan Agreements


Introduction


Unfair Competition as it Relates to Horizontal and Vertical Agreements


Penalties for Breach


4.3: Taiwan Monopoly and Abuse of Dominance


Introduction


4.4: Taiwan Merger Control


Introduction


Jurisdiction


Procedures


Application of the Substantive Test


Remedies and Penalties


4.5: Taiwan Procedure


Introduction


Investigations


Hearings and Access to File


Corrective Measures and Penalties


Appeals


Third Party Rights and Damages


PART FIVE


5.1: The Korean Antitrust Law Regime


Introduction


The Fair Trade Commission


General Exemptions


Territorial Application


International Cooperation and Agreements


5.2: Korea Agreements


Introduction


Chapter 4, MRFTA - 'Improper Cartels' (Horizontal Agreements)


Chapter 6, MRFTA - Enterprisers' Organizations (Trade Associations)


Chapter 7, MRFTA - Resale Price Maintenance


Chapter 8, MRFTA - International Contracts


Vertical Agreements


Penalties for Breach


Franchise Agreements


5.3: Korea Monopoly and Abuse of Dominance


Introduction


Abuse of Dominant Position


Unfair Trade Practices


5.4: Korea Mergers


Introduction


Jurisdiction


Procedures


Application of the Substantive Test


Remedies


5.5: Korea Procedure


Introduction


Investigations


Hearings, Access to File and Secrecy


Corrective Measures and Penalties


Appeals


Damages


Arbitration


PART SIX


6.1: The Vietnamese Antitrust Law Regime


Introduction


Institutional Arrangements


General Exemptions


Acts of the State


Territorial Application


International Cooperation and Agreements


Intellectual Property


6.2: Vietnam Agreements


Introduction


Horizontal Agreements


Vertical Agreements


6.3: Vietnam Monopoly and Abuse of Dominance


Introduction


The Assessment of Dominance and Monopoly


Conduct Prohibited


6.4: Vietnam Mergers


Introduction


Concentrations


Exemption


Notification and Procedure


Remedies


Territorial Application


6.5: Vietnam Procedure


Introduction


Investigations and Evidence


Complaints


Rights of the Parties


Appendices


1: The Chinese Anti-Monopoly Law


2: The Taiwan Fair Trade Act


3: The Korean Monopoly Regulation and Fair Trade Act


4: The Vietnamese Competition Law



 


 



Mark Furse, Professor of Competition Law and Policy, The School of Law, University of Glasgow; Adjunct Professor, South West University of Political Science and Law, Chongqing

Contributors:

Consultant Editors:



China: Li Junfeng, Lecturer, School of Law, Shanghai


Taiwan: Stephen Wu, Lee and Li (Attorneys at Law)


Hong Kong: Thomas Cheng, Assistant Professor, Faculty of Law, The University of Hong Kong


Korea: Dr Youngjin Jung, Yulchen (Attorneys at Law), Seoul


Vietnam: Alice Pham, Director, Hanoi Resource Centre, CUTS International

"This work is a valuable and carefully crafted introduction to an increasingly important region in competition law terms. It will be an extremely welcome addition to the resources valued by practitioners" - Tim Frazer, Arnold & Porter (UK) LLP



"Professor Furse has contributed significantly to the scholarship on Asian competition laws. His coverage of the rearely addressed Vietnam law and proposed Hong Kong law are particularly welcome. This book will prove invaluable to non-specialists in need of a general understanding of these laws, as well as to competition law practitioners who need a ready reference on the competition laws and procedures of these jurisidctions and to important precdents and other leading secondary sources" - H.Stephen Harris, Jr, Journal of Business Law


 


 



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