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The Chinese Anti-Monopoly Law

New Developments and Empirical Evidence 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 book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process.
Extent: 424 pp
Hardback Price: £115.00 Web: £103.50
Publication Date: 2013
ISBN: 978 1 78100 323 7
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  • Asian Studies
  • Asian Law
  • Development Studies
  • Development Studies
  • Law and Development
  • Economics and Finance
  • Competition Policy
  • Economic Regulation and Governance
  • Law and Economics
  • Law - Academic
  • Asian Law
  • Competition and Antitrust Law
  • Law and Development
  • Law and Economics
This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process.

Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML.

The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
‘This excellent collection of papers by scholars from China, Europe, the US and around the world, examines the coming of age of the Chinese Anti-Monopoly Law through prisms of law and economics and comparative law and policy. Treating critical subjects including case analysis, private enforcement, administrative monopoly, and sectoral regulation and reform, the book is an invaluable guide to an understanding of the dynamic and possibilities of the Chinese law.’
– Eleanor Fox, New York University School of Law, US
Contributors: F. Cengiz, F. Chen, S.B. Farmer, M. Faure, S. Gao, M. Marquis, H. Nevo, S. Oded, N.J. Philipsen, Y. Wan, S.E. Weishaar, T. Wu, T. Xu, L. Yu, W. Zhang
Contents:

Introduction/Editorial Forward
Michael Faure and Xinzhu Zhang

PART I: RECENT DEVELOPMENTS IN THE ANTI-MONOPOLY LAW
1. Recent Developments in Regulation and Competition Policy in China: Trends in Private Civil Litigation
Susan Beth Farmer

2. Abuse of Administrative Power to Restrict Competition in China: Four Reflections, Two Ideas and a Thought
Mel Marquis

3. Lenience and Compliance: Towards an Effective Lenience Policy in the Chinese Anti-Monopoly Law
Sharon Oded

PART II: ANTI-MONOPOLY LAW: PRACTICE AND CASES
4. Market, Regulation and State-Building in China
Shiji Gao and Yan Wan

5. Research on the Intensity and Effect of Industrial Administrative Monopoly in China
Liangchun Yu and Wei Zhang

6. A Comparative Study on Welfare Results of Nonlinear and Linear Pricing: Based on Asymmetric Duopoly Market
Fuliang Chen and Tao Xu

7. The Effect of the Chinese Telecommunications Reform on Industrial Growth: 1994–2007
Shilin Zheng and Xinzhu Zhang

8. Relevant Product Market Definition of Antitrust Cases in the Internet Industry: Taking the Baidu Cases as Example
Tao Wu

PART III: EUROPEAN PERSPECTIVES ON THE ANTI-MONOPOLY LAW
9. The Modernisation of the EU Competition Law Regime: Institutional Design Lessons for China?
Firat Cengiz

10. Market Definition under Attack: How Relevant is the Relevant Market?
Hila Nevo

11. Competition Law and Market Integration – A European Perspective
Stefan E. Weishaar

12. Competition Advocacy and Case Law in Europe: The Case of the Liberal Professions
Niels J. Philipsen

PART VI: CONCLUSIONS: FUTURE LOOK
Conclusion: Future Look
Michael Faure and Xinzhu Zhang

Index