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Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook)


ISBN13: 9781782252207
Published: November 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-monopoly Law (AML), in the context of economic globalisation.

The book comprises three main parts: part I reviews the directions of convergence of global competition law; part II provides a contextual analysis of China's market governance and its strategic interests; and part III examines the latest enforcement of the Anti-monopoly law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of international competition laws and soft law norms in the Chinese context.

This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Subjects:
Competition Law, Other Jurisdictions , eBooks, China
Contents:
Introduction I. Competition Law and Economic Globalization II. Competition Law and Global Legal Pluralism III. Outline of the Chapters Part I Where Do the Norms Come From? Chapter 1 US, EU and Global Competition Law Development I. Introduction II. US Antitrust Law III. EU Competition Law IV. US, EU and Global Competition Law Development V. Conclusion Chapter 2 International Organizations and Competition Law: Diverging Rationale? I. Introduction II. International Organizations and Competition Law III. The WTO and Competition Law IV. Pursuit of Efficiency and Non-discrimination: Clash of Norms V. Conclusion Part II China's Market Governance and the Anti-Monopoly Law (AML) Chapter 3 Market Governance in China I. Introduction II. Institutional Transformation of Market Governance III. Normative Rationalization for Market Governance IV. Dispute Settlement in China's Market Governance V. Conclusion Chapter 4 The Market Environment and Restraints on Competition in China I. Introduction II. China's Economic Transformation III. The Market Environment in China IV. State Owned Enterprises in the Chinese Market V. Development of Foreign Invested Enterprises VI. Development of Private Domestic Enterprises VII. Restraints on Competition in China VIII. Conclusion Chapter 5 The Making of the Anti-Monopoly Law I. Introduction II. Production of the Anti-Monopoly Bill III. China's Communication with Global Competition Law Norms IV. Enactment of the AML V. The Enacted AML VI. Conclusion Part III Global Competition Law Norms and Local AML Chapter 6 Institutionalization of the AML Enforcement I. Introduction II. Public Enforcement III. Private Enforcement IV. Administrative and Judicial Review V. Conclusion Chapter 7 Global Competition Law Norms in the AML Enforcement I. Introduction II. The AML and the Pursuit of Allocative Efficiency III. The AML and Non-discrimination IV. Conclusion Conclusion

Series: Hart Studies in Competition Law

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European Merger Remedies: Law and Policy ISBN 9781849464116
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State Aid and the European Economic Constitution ISBN 9781849461054
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