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Antitrust Law in China, Korea and Vietnam


ISBN13: 9780199285860
Published: June 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £220.00



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Following China's entry into the WTO in September 2001, it has been keen to establish itself among trading parties as a market economy. In recent years it has become one of the largest trading nations in the world, and is a source of substantial inward investment. In recognition of these developments, the government has undertaken a major overhaul and modernisation of its competition law, superseding the outdated and disparate provisions previously in place, with new legislation in 2007.

China's near neighbours, Vietnam and South Korea, likewise have vibrant economies and have had strong trading relationships with the west for many years. This book is the first to cover the practical implications of the developments in competition law in these countries.

It is aimed at practising lawyers and company advisors, giving a clear description of the new antitrust law in China, the established antitrust law in Taiwan and Korea, and the underdeveloped law in Vietnam. It also considers developments in Hong Kong, which is in the process of introducing a general law of antitrust. The first part of the book gives a concise introduction to antitrust laws and policies in the jurisdictions covered, as well as an introduction to standards in antitrust law for those new to the area. China, Taiwan, Korea and Vietnam each have five chapters devoted to discussion of the regime in general, its institutional shape, the substantive laws relating to agreements, dominant or monopoly firm conduct, merger control and procedures.

The relevant legislation is explained and the principles clarified by references to guidelines, practice and relevant decisions and cases. In the case of Hong Kong a single chapter discusses the proposals brought forward by the legislature. Particular attention is paid to the extent to which antitrust laws in each jurisdiction may be applied to parties who are not citizens in those jurisdictions.

This book is invaluable to lawyers advising clients engaging in international trade and commerce with and within these territories, and besides giving a clear explanation of the position of the law, it also contains translations of the core relevant legislation for each of the jurisdictions. Academics specialising in international competition law will find this a co

Subjects:
Competition Law
Contents:
PART ONE
1.1. Introduction
Antitrust Law in China
Antitrust Law in Hong Kong
Antitrust Law in Taiwan
Antitrust Law in Korea
Antitrust Law in Vietnam
1.2. Standards in Antitrust Law
Introduction
The Control of Anti-Competitive Agreements
Monopolisation and Abuse of Dominant Position
Merger Control
Application of Economic Principles and Evidence
International Cooperation
PART TWO
2.1. The Chinese Antitrust Law Regime
Introduction
The Anti-Monopoly Law
The Institutional Structure
General Exemptions
Territorial Application
International Cooperation and Agreements
Pre-2007 Legislation
2.2. China Agreements
Introduction
Horizontal Agreements
Vertical Agreements
Trade Associations
Exemptions
Penalties
2.3. China Monopoly and Abuse of Dominance
Introduction
The Assessment of Dominance
Abuse of Dominant Position
Abuse of Administrative Power
2.4. China Merger Control
Introduction
Jurisdiction
Procedures
The Substantive Test
Efficiencies and the Failing Firm Defence
Remedies and Penalties
2.5. China Procedure
Introduction
Investigations by the AMEA
Complaints
Final Decisions
Penalties
Appeals
Third Party Rights
PART THREE
3.1. Antitrust in Hong Kong
Introduction
The Proposals
PART FOUR
4.1. The Taiwan Antitrust Law Regime
Introduction
The Fair Trade Commission
General Exemptions
Territorial Application
International Cooperation and Agreements
4.2. Taiwan Agreements
Introduction
Unfair Competition as it Relates to Horizontal and Vertical Agreements
Penalties for Breach
4.3. Taiwan Monopoly and Abuse of Dominance
Introduction
4.4. Taiwan Merger Control
Introduction
Jurisdiction
Procedures
Application of the Substantive Test
Remedies and Penalties
4.5. Taiwan Procedure
Introduction
Investigations
Hearings and Access to File
Corrective Measures and Penalties
Appeals
Third Party Rights and Damages
PART FIVE
5.1. The Korean Antitrust Law Regime
Introduction
The Fair Trade Commission
General Exemptions
Territorial Application
International Cooperation and Agreements
5.2. Korea Agreements
Introduction
Chapter 4, MRFTA - 'Improper Cartels' (Horizontal Agreements)
Chapter 6, MRFTA - Enterprisers' Organizations (Trade Associations)
Chapter 7, MRFTA - Resale Price Maintenance
Chapter 8, MRFTA - International Contracts
Vertical Agreements
Penalties for Breach
Franchise Agreements
5.3. Korea Monopoly and Abuse of Dominance
Introduction
Abuse of Dominant Position
Unfair Trade Practices
5.4. Korea Mergers
Introduction
Jurisdiction
Procedures
Application of the Substantive Test
Remedies
5.5. Korea Procedure
Introduction
Investigations
Hearings, Access to File and Secrecy
Corrective Measures and Penalties
Appeals
Damages
Arbitration
PART SIX
6.1. The Vietnamese Antitrust Law Regime
Introduction
Institutional Arrangements
General Exemptions
Acts of the State
Territorial Application
International Cooperation and Agreements
Intellectual Property
6.2. Vietnam Agreements
Introduction
Horizontal Agreements
Vertical Agreements
6.3. Vietnam Monopoly and Abuse of Dominance
Introduction
The Assessment of Dominance and Monopoly
Conduct Prohibited
6.4. Vietnam Mergers
Introduction
Concentrations
Exemption
Notification and Procedure
Remedies
Territorial Application
6.5. Vietnam Procedure
Introduction
Investigations and Evidence
Complaints
Rights of the Parties
Appendices
1. The Chinese Anti-Monopoly Law
2. The Taiwan Fair Trade Act
3. The Korean Monopoly Regulation and Fair Trade Act
4. The Vietnamese Competition Law