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Vol 21 No 11 Nov/Dec 2016

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Competition Law in Asia-Pacific: A Practical Guide


ISBN13: 9789041140432
Published: December 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £156.00



Despatched in 6 to 8 days.

This book - a practical full-length guide to competition law and practice in the region - draws on the experience of recognized competition law practice leaders in key Asia Pacific jurisdictions and enables practitioners to navigate the competition landscape in fifteen countries, from the most developed regimes to countries where competition law and policy are still emerging.

For easy reference and comparison, a chapter is dedicated to each country. Each chapter sets out the rules on anti-competitive agreements, cartels, merger control, restraints in vertical agreements and abuse of market power or dominance. There is also a table of key prohibitions for each country, allowing practitioners to compare regimes and quickly identify potential issues in each jurisdiction. Each chapter explains the origins and powers of competition law-decision-makers and law-makers, and describes key enforcement action and cases, illustrating not only the regulators' approach to enforcement but also businesses' approach to compliance.

After a general introduction, each chapter describes the competition law and practice of a specific country, and covers such topics as the following:

  • scope of powers, structure and enforcement approach of the competition authority;
  • availability of civil or administrative sanctions, criminal enforcement, and private actions;
  • investigations: procedure, powers, burden of proof, appeal;
  • substantive tests to assess the impact of conduct on competition;
  • assessment of dominance or market power;
  • merger notifications thresholds, clearance processes and timeframes, documents and evidence requires;
  • key defences and exemptions;
  • leniency/immunity programmes;
  • inter-agency cooperation (internal and international);
  • extraterritorial application; and
  • recent developments and proposals for reform.
This thorough and up-to-date comparative analysis on what Asia Pacific countries are doing in the antitrust sector will be extremely valuable to readers worldwide. For businesses operating in the regions and their advisors, the book is an essential practical guide to law and procedure in each jurisdiction. It will be of inestimable value to professionals in this area of legal practice, whether in law forms, corporations, academia, government, or the judiciary.

Subjects:
Competition Law
Contents:
About the Authors.
Preface.

Chapter 1 – Australia Katrina Groshinski and Caitlin Davies.
Chapter 2 – China Andrew Foster.
Chapter 3 – Hong Kong Geraldine Johns-Putra and Miranda Noble.
Chapter 4 – India Cyril Shroff and Nisha Kaur Uberoi.
Chapter 5 – Indonesia Mochamad Fachri and Farid Nasution.
Chapter 6 – Japan Yusuke Nakano and Taku Matsumoto.
Chapter 7 – Malaysia Lim Koon Huan and Jason Teoh Choon Hui.
Chapter 8 – New Zealand Dr Ross Patterson.
Chapter 9 – Pakistan Bilal Shaukat and Shahbakht Pirzada.
Chapter 10 – Singapore Daren Shiau.
Chapter 11 – South Korea Cecil Saehoon Chung and Kyoung Yeon Kim.
Chapter 12 – Thailand Professor Ian McEwin and Dr. Sakda Thanitcul.
Chapter 13 – Vietnam Dr. LUU Huong Ly.
Chapter 14 – Cambodia and Laos R. Ian McEwin.

Index.