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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Evolution of China's Anti-Monopoly Law

ISBN13: 9781781952498
Published: July 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £105.00

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China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang.

Xiaoye Wang provides a unique and invaluable 'insider perspective' into how China and its incipient antitrust regime work. This book therefore serves as a key reference text, which comprehensively outlines the historical background of China's enactment of the AML, engages in comparative legal analysis to explain the basic contents of the law, analyses its existing problems, and considers the various challenges it will face in implementation. This book also records the AML's difficult legislative journey, and reflects upon the views and different perspectives that the Chinese society has on the market economy, market competition, and other important theoretical questions.

Antitrust practitioners and in-house lawyers, academics and policymakers alike will be interested in this book. China has become too important an antitrust jurisdiction, and too important a market, for any person with an interest in antitrust to ignore.

Competition Law, Other Jurisdictions , China
Preface by Professor Allan Fels Preface by the author: My Anti-Monopoly Law Research Path

Part I: Theoretical Foundation of China's Antimonopoly Law
1. Why Needs China Anti-Monopoly Law?
2. Antimonopoly Law and Building a Harmonious Society
3. Antimonopoly Law and China's Economic Reform
4. Market Access of the Non-Public Economy and Anti-Monopoly Law
5. Legal Suggestions for Reforming Monopoly Industries
6. China's Competition Law in the Global Competition
7. The Impacts of the WTO Competition Policy Negotiation in China
8. WTO Accession and the Formulation of China's Anti-Monopoly Law
9. The Prospect of Antimonopoly Legislation in China

Part II: Selected Issues Related China's Antimonopoly Legislation
10. The Goals of China's Anti-Monopoly Law
11. Anti-Monopoly Law and Industry Price Self-Discipline
12. Anti-Monopoly Regulation of the Market Behaviour of Public Utility Enterprises
13. The Legal Regulation of Administrative Restrictions on Competition
14. Anti-Monopoly Law in the Compulsory Licensing of Intellectual Property
15. Some Issues Surrounding the Anti-Monopoly Enforcement Authority in China
16. Issues Surrounding the Drafting of China's Antimonopoly Law
17. Unfair Competition and Anti-Competition

Part III: Comments on China's Antimonopoly Law
18. Comments on Merger Control under China's Antimonopoly Law
19. Highlights of China's New Antimonopoly Law
20. Analysis and Comment on China's Anti-Monopoly Law

Part IV: On the Enforcement of China's Antimonopoly Law
21. China's Antimonopoly Enforcement Agency Should Say No to the BHP-Rio Tinto Merger
22. Comments on MOFCOM's Decision on Coca-Cola/Huiyuan
23. Reflections on the NDRC Case Against China Telecom and China Unicom
24. China's Anti-Monopoly Law for Three Years: Achievements and Challenges List of Main publication Anti-Monopoly Law of the People's Republic of China