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The recent Baidu Inc. decision provides insight into how Chinese courts might apply antitrust principles and assess evidence in private antitrust litigation in the future. As in the U.S., the Baidu court appears to have been interested in rigorous economic analysis of the antitrust allegations
Persistent link: https://www.econbiz.de/10014045829
China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an … economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and …
Persistent link: https://www.econbiz.de/10014148050
China's revised Anti-Monopoly Law (AML) went into effect in August 2022. In November, the Supreme People's Court (SPC …
Persistent link: https://www.econbiz.de/10014264078
This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess … the burden of proof in antitrust cases in China. It also discusses two broad ways for parties to "lower" the burden of …
Persistent link: https://www.econbiz.de/10012825501
It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be … legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead … to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable …
Persistent link: https://www.econbiz.de/10013071772
This article deals with an important, but yet unexplored issue, being to what extent the anti-monopoly law of China of …. Attention is specifically paid to the position of China since article 2 of the ALM, so we argue, explicitly provides for the … possibility of extraterritoriality. The first decisions also show that China is apparently on its way towards an extraterritorial …
Persistent link: https://www.econbiz.de/10013072304
After more than a decade of preparation, China finally passed the Anti-Monopoly Law (AML) on August 30, 2007. This … to prevent this new law from degenerating into ‘a toothless tiger'. Furthermore, the competition law regime of China will …
Persistent link: https://www.econbiz.de/10013157522
's Republic of China's public consultation on the February 26, 2017 draft revisions to China's Anti-Unfair Competition Law. The …
Persistent link: https://www.econbiz.de/10012960691
China's recent enforcement of its Anti-Monopoly Law (AML) has caused alarm and concern among Multinational Companies … (MNCs). Many MNCs believe that the primary purpose of China's AML is not to create open, fair, and market-based competition … but is to serve the Industrial Policy goals of China's ruling Communist Party. These goals result in the enforcement of …
Persistent link: https://www.econbiz.de/10013023648
dynamics affect the outcome of antitrust enforcement in China. It has two major findings. First, bureaucratic politics have a … powerful impact on the allocation of economic resources in China, which in turn determines how monopolies arise in the Chinese … that antitrust enforcement in China is a highly pluralistic process involving officials from various central ministries and …
Persistent link: https://www.econbiz.de/10013034247