Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.
An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Author Biography:
Xiaoye Wang is a Distinguished Professor of Law at Hunan University, China and a Professor of Law at the Chinese Academy of Social Sciences, China. Professor Wang works in the areas of economic law, international economic law, and focuses on competition law. She holds an LLM from Renmin University, China and a Doctor Juris from the University of Hamburg, Germany. She is the author and the editor of 20 books and over 300 articles published in Chinese, German, and English including 'Monopole und Wettbewerb in der chinesischen Wirtschaft'(J.C.B. Mohr1993) and (The Evolution of China's Antimonopoly Law) (Edward Elgar 2014). As the leading expert in the field of competition law in China, she was advisor of the Drafting Committee of China's Anti-Monopoly Law under the State Council and the National People's Congress, and the Head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce and lectured twice in the Standing Committee of National People's Congress. She serves now as Vice President of National Economic Law Research Association of China, and consultant expert for the Anti- Monopoly Commission under the State Council of the People's Republic of China.
In international academic activities, Professor Wang is a founding member of the Academic Society for Competition Law (ASCOLA) and the Asia Competition Forum (ACF), and member of the International Advisory Board of CUTS C-CIER and American Antitrust Institute (AAI). During 2005 and 2006, she spent one year at Chicago-Kent College of Law, USA as Fulbright Scholar. She has lectured on Chinese competition law at American Bar Association, International Bar Association, Inter- Pacific Bar Association, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, Korea Fair Trade Commission, Chatham House, International League of Competition Law, Max-Planck Institutes, and many other institutions.
DrJessica Su is an Associate Professor at the Institute of American Studies (USA), Chinese Academy of Social Sciences (China) (CASS). Dr Su's research focuses on comparative competition policy and governance, and investment and trade policy. She provides consulting services to regulators and the businesses and is a research consultant to Professor Allan Fels AO, the Australia and New Zealand School of Government. She has worked with Professor Xiaoye Wang and Professor Allan Fels to edit the China Competition Bulletin, which reports the latest developments of competition and regulatory policy in China. Prior to her current positions, Dr Su was a postdoctoral fellow at the Institute of Law, CASS, China from 2010 to 2013, a consultant at the law firm Freshfields Bruckhaus Deringer LLP in Beijing from 2007 to 2010 and a consultant at the Competition Division of the Organisation for Economic Co-operation and Development (OECD) in Paris in 2007.
Dr Su has worked on a variety of projects including cross-border mergers and acquisitions, cartel investigations and litigation, distribution practices, abuse of dominance, and the interface between antitrust and intellectual property matters. She has been involved in the drafting of the implementing regulations and capacity building projects of China's Anti-Monopoly Law and enforcement. Dr Su holds an LLB from Zhengzhou University, China, an LLM with distinction from University College Dublin, Ireland, and a PhD in law from Queen Mary, University of London, London. She was admitted to practice law in the People's Republic of China in 1999.
