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Cartels in Asia: Law & Practice

Cartels in Asia: Law & Practice (includes FREE one year access of ONLINE version)

Author: Thomas Cheng; Sandra Marco Colino; Burton Ong
Publisher: Wolters Kluwer (HK) (formerly CCH)
ISBN: 9789881342935
Published In: March 2015
Format: Paperback + eBook , 353 pages
Jurisdiction: Asia, China, Hong Kong, India, Japan, Korea, Singapore, South Korea, Taiwan, Vietnam ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 840.00

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*** Special Promotion: Buy PRINT version (i.e. hard copy) will get FREE one year access to e-Book version ***

Competition law authorities around the world almost invariably make combating cartels an enforcement priority because such forms of collusive behaviour are unequivocally harmful to competition. Hard core cartel agreements typically involve one or more of the most anti-competitive forms of conduct — price-fixing, bid-rigging, market allocation and output restrictions — and frequently attract severe legal sanctions in most competition law jurisdictions. However, despite the general agreement among these jurisdictions that cartel activities should be treated unfavourably as a matter of legal principle, the specific features of each legal regime vary from country to country as each jurisdiction must implement laws that are suited to their respective political and economic circumstances.

This title seeks to provide an Asian perspective on a range of legal issues related to anti-cartel laws across a selection of countries in Asia, including Hong Kong, China, Japan, Korea, Taiwan, India, Vietnam and Singapore. Our goal is to examine contemporary issues facing the competition law regimes in these countries, with their diverse political systems and market conditions, and to provide insights into the policy challenges faced by their competition authorities in the enforcement of their national anti-cartel laws.

Chapter 1: Discretionary Surcharge System Model in the Japanese Cartel Law Enforcement
Chapter 2: Bid Rigging Initiated by Government Officials: The Conjuncture of Collusion and Corruption in Japan
Chapter 3: Leniency under the Japanese Antimonopoly Law Towards the End of the Cartel Archipelago?
Chapter 4: Is the Korean Innovation of Individual Informant Rewards a Viable Cartel Detection Tool?
Chapter 5: Competition Laws and Policies against International Cartels in Northeast Asia: International Cooperation for Effective Enforcement
Chapter 6: Cartels under the Taiwan Fair Trade Act: An Evolutionary Perspective
Chapter 7: Catching Cartels and Other Anti-competitive Agreements in Singapore
Chapter 8: A Review of Ten Years of Enforcement: Challenges and Prospects of the Vietnamese Cartel Regime
Chapter 9: Combating Cartels in India: The Enforcement Experience So Far
Chapter10: Monopoly Agreements, Trade Associations and Competition Culture in China
Chapter11: Trade Associations and Cartel Conduct under the New Hong Kong Competition Law Regime — An Enforcement Priority for the Competition Commission?
Chapter12: Punishing Cartel Behaviour: Means to Encourage Compliance with the Hong Kong Competition Ordinance

Thomas Cheng

Thomas Cheng is an associate professor at the Faculty of Law of the University of Hong Kong. He received a Bachelor of Arts degree from Yale College, and a Juris Doctor degree from Harvard Law School, and a Bachelor of Civil Law degree in European and Comparative Law from the University of Oxford. His research focuses on competition law and policy issues, especially comparative competition law and competition law in developing countries. He is a member of the Competition Commission, Administrative Appeals Board, the Energy Advisory Committee, the Committee on Slots Complaints, and the Consumer Council, where he is also the chairman of the Competition Policy Committee. He has assisted the Hong Kong government in drafting the city's first comprehensive competition law. He is also a member of the executive board of the Academic Society for Competition Law (“ASCOLA”).

Sandra Marco Colino

Sandra Marco Colino is an Assistant Professor at the Chinese University of Hong Kong. She is currently the Director of the Faculty of Law's Centre for Financial Regulation and Economic Development (“CFRED”), and the Deputy Director of the European Union Academic Programme in Hong Kong. She previously taught EU and competition law at the University of Glasgow, and worked as a stagiaire at the Directorate General for Competition of the European Commission. A qualified lawyer in Spain, called to the Madrid Bar, her main teaching and research interests lie in the fields of competition law, communications law, EU law, and the regulation of gambling. In 2007 she was awarded a PhD from the European University Institute in Florence, and she also holds an LLM in EU Law from the University Carlos III of Madrid.

Sandra is a member of the Academic Society of Competition Law (“ASCOLA”), a Fellow of the Transatlantic Technology Law Forum (“TTLF”) of Stanford University, and an Associate Researcher at the University Institute for European Studies in Madrid. She is the founder of the Communications Policy and Regulation Scholars Forum (“CPRSF”) and the Hong Kong news contributor for the European Competition Law Review.

Burton Ong

Dr Burton Ong (DPhil / B.C.L (Oxon), LL.M (Harv), LL.B (NUS)) is an Associate Professor at the Faculty of Law of the National University of Singapore where he teaches and researches in the areas of Competition Law, Intellectual Property Law and Contract Law. He is a Director at the NUS Centre for Law and Business (“CLB”), focusing on Competition Law matters, and Deputy Director of the Asia-Pacific Centre for Environmental Law (“APCEL”). He also serves as the Chairman of the Gas Market Surveillance Panel, the branch of the Energy Market Authority (“EMA”) responsible for regulating competition in the gas industry, as well a member of the Dispute Resolution Board of the Casino Regulatory Authority (“CRA”).