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The case between Dexian and Sony is once called “the first Antimonopoly case” in China, since the case happened right before China Antimonopoly Law came into effect and brought certain important legal questions in dispute when the case was going on. Some of those questions now can be solved,...
Persistent link: https://www.econbiz.de/10014203554
This article deals with an important, but yet unexplored issue, being to what extent the anti-monopoly law of China of 2008 can be applied in an extraterritorial manner. The paper reviews first the extraterritorial application of anti-trust law in the United States and in EU competition law and...
Persistent link: https://www.econbiz.de/10013072304
Common ownership by the Chinese State caused a stir in Europe recently. During its review of a joint venture involving a Chinese nuclear power company, the European Commission held that it would treat all Chinese state-owned enterprises (SOEs) in the energy sector as a single entity. This...
Persistent link: https://www.econbiz.de/10012961720
Antitrust issues in the digital economy, especially those concerning big data and algorithms, have attracted the attention of both scholars and practitioners all around the world. Against the backdrop of rapid development of China's digital economy, many online platforms now have a largely data-...
Persistent link: https://www.econbiz.de/10012911154
We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its...
Persistent link: https://www.econbiz.de/10012968281
It is still controversial whether the intellectual property-antitrust interface should be viewed as a conflict or a finalistic convergence. The recent Chinese Regulation on the “Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights” provides...
Persistent link: https://www.econbiz.de/10012969609
A wide range of recent antitrust enforcement actions in the pharmaceutical sector have taken place in China over the past months. All three Chinese antitrust authorities have been involved, and all types of anti-competitive conduct have been targeted. The multiple enforcement actions by a number...
Persistent link: https://www.econbiz.de/10012986582
This article examines strategic public shaming, a novel form of regulatory tactic employed by the National Development and Reform Commission (NDRC) during its enforcement of the Anti-Monopoly Law. Based on analysis of media coverage and interview findings, the study finds that the way the NDRC...
Persistent link: https://www.econbiz.de/10012934342
After 13 years of debates, China has just enacted its Anti-Monopoly or Competition Law. It will enter into force only on august 1, 2008 and will soon be completed by implementation provisions. This law sets out the Chinese Competition Policy objectives: build up a competitive foreign investments...
Persistent link: https://www.econbiz.de/10013223737
Under the “One Country, Two Systems” rule, Hong Kong and China maintain different legal systems. This dichotomy applies also in antitrust: China adopted its Anti-Monopoly Law in 2007, while Hong Kong waited until 2012 to introduce its Competition Ordinance (and another three years to fully...
Persistent link: https://www.econbiz.de/10013324303