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In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint
Persistent link: https://www.econbiz.de/10013248037
In a 1991 article entitled The Transformation of Europe, Joseph Weiler analyzed the profound changes that have occurred in the institutional structure of the European Community during the past two decades. The cumulative effect of these changes has been, he claimed, to "transform" the Community,...
Persistent link: https://www.econbiz.de/10014155385
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
Since August 2008, when China’s Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 … considerations. The decisions may also reflect the natural conservatism when acting in what is for China still fairly uncharted … distortion of the development of competition law in China. MOFCOM is deftly developing a public record that will support …
Persistent link: https://www.econbiz.de/10014040349
China's Anti-Monopoly Law became effective on August 1, 2008, following its enactment on August 30, 2007 after 13 years … of drafting. Since then, businesses and lawyers with interests in China have closely followed every development. While … transactions. It is clear that China's merger control regime is becoming the third major antitrust hurdle for large, cross …
Persistent link: https://www.econbiz.de/10013142025
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
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
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
The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses … development of private enforcement of the AML in China: legal standing of the plaintiff, burden and standard of proof, assessment … affected the judicial practice and attempts to map the directions for further development of China's legal framework for …
Persistent link: https://www.econbiz.de/10012923559