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Competition Policy and Regulation

Recent Developments in China, the US and Europe Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium 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
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.
Extent: 368 pp
Hardback Price: £107.00 Web: £96.30
Publication Date: 2011
ISBN: 978 1 84980 075 4
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  • Development Studies
  • Development Economics
  • Development Studies
  • Law and Development
  • Economics and Finance
  • Competition Policy
  • Development Economics
  • Law - Academic
  • Law and Development
  • International Economic Law, Trade Law
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.
‘. . . 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
Contributors: L.A. Andrés, S.L. Azumendi, F. Chen, M. Faure, R. Gilbert, J.L. Guasch, Y. Huang, R. Pardolesi, N. Philipsen, D. Rubinfeld, T.S. Ulen, R. Van den Bergh, S. Weishaar, D. Yu, L. Yu, V.Y. Zhang, X. Zhang, Z. Zhang
Contents:

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