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Details
This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach.
Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation.
This book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.
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1. Introduction/Editorial Foreword
Michael Faure and Xinzhu Zhang
PART I: GENERAL ISSUES
2. The Uneasy Case for Competition Law and Regulation as Decisive Factors in Development: Some Lessons for China
Thomas S. Ulen
3. Study on Frontier Issues and the Future Road of Regulation Over Monopoly Agreements in China
Yong Huang and Zhe Zhang
4. Critical Issues in the Enforcement of the Anti-Monopoly Law in China: A Law and Economics Perspective
Roger Van den Bergh and Michael Faure
PART II: COMPETITION LAW AND ADMINISTRATIVE MONOPOLIES
5. The Measure of Regional Administrative Monopoly in China
Liangchun Yu and Donghua Yu
6. Administrative Monopolies, State Aid, Barriers to Entry and Market Integration: Challenges for the Chinese Anti-Monopoly Law
Stefan Weishaar
7. Regulation and Corporate Governance of State-owned Enterprises: Issues for Improved Efficiency and Competitiveness and Lessons for China
Luis Alberto Andrés, José Luis Guasch and Sebastián López Azumendi
PART III: INDUSTRIAL AND PROFESSIONAL REGULATION
8. The Industrial Regulation of China: Basic Experiences and Lessons
Fuliang Chen
9. Professional Licensing and Self-regulation in Europe and China: A Law and Economics Perspective
Niels Philipsen
PART IV: MERGER CONTROL
10. Chinese Merger Control: Patterns and Implications
Xinzhu Zhang and Vanessa Yanhua Zhang
11. Revising the Horizontal Merger Guidelines: Lessons from the US and the EU
Richard Gilbert and Daniel Rubinfeld
PART V: SUBSTANTIVE COMPETITION LAW: CARTELS, ABUSE OF DOMINANCE AND PREDATION
12. Monopoly Agreements and Abuse of Dominance: Some Remarks About the Substantive Rules
Roberto Pardolesi
13. The Legal Regime Preventing Predation in the People’s Republic of China: A Law and Economics Analysis
Stefan Weishaar
PART VI: CONCLUSIONS: FUTURE LOOK
14. Concluding Remarks
Michael Faure and Xinzhu Zhang
Index
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Edited by Michael Faure, Professor of Comparative and International Environmental Law, Maastricht University and Professor of Comparative Private Law and Economics, Erasmus University Rotterdam, The Netherlands and Xinzhu Zhang, Professor of Economics, Jiangxi University of Finance and Economics, Shanghai University of Finance and Economics and Chinese Academy of Social Sciences, China
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'. . . this edited collection should make for an interesting read for those interested in Chinese competition law, especially in abuse of administrative monopoly.’
– Thomas K. Cheng, World Competition
