The first comprehensive empirical study on corporate bankruptcy reorganizations in the second largest economy, China, investigating the formal corporate restructurings handled by China's courts between 2007 and 2015. The data and analysis presented in the book provide a unique lens from which China's newly-enacted Chapter 11-styled corporate reorganization law, both in the books and in practice, can be understood and from which the interaction between business and state in dealing with corporate bankruptcies in China could be better comprehended. This book benefits from the author's ten-year business law practice in China, and his insights on China's judicial and political system considerably enrich the arguments. In particular, this book sheds light on commencement of bankruptcy reorganizations, control models, corporate reorganization financing, value distribution, approval of reorganization plans and cross-border reorganizations under the China Enterprise Bankruptcy Law of 2006.

Headlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy. This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.

Competition law regulates anti-competitive conduct by companies in order to maintain market competition.Cartel law can also cause restraints of competition and therefore, the existing regulations should be checked, revised and updated regularly. This book deals with the prohibition of Resale Price Maintenance, which is intensively discussed in Germany at the moment. It provides a new interdisciplinary approach to the topicthat emphasizes the empirically observable marketing perspective, but draws conclusions from competition theory. Thus it reflects on the consumer benefits and welfare effects of RPM legalization at the same time. Since it provides new and constructive class-based suggestions for a re-design of European cartel law, this book should be valuable for researchers, practitioners and politicians. "

This work is the only bilingual (Chinese/English) compilation of all legal texts applicable to the area of competition law in China. It includes the Anti-Monopoly Law of the People's Republic of China (AML) as well as all other laws that have relevant provisions. It also incorporates the regulations issued by the State Council, the Ministry of Commerce (MOFCOM) and the National Development and Reform Commission (NRDC); judicial interpretations of the Supreme People's Court; as well as the 15 decisions MOFCOM has published so far.

This fascinating book explores the management of the internal market from a legal perspective. While the EU agenda is currently dominated by the processes of Treaty reform, this assessment of both market and constitutional governance evaluates the coherence or otherwise of the project at the very core of European integration. Confronted with a free market nearing completion, with a relatively formulaic application of internal market law, the book portrays how this is mirrored in a growing tendency to hand the market 'back' to the Member States and, increasingly, to authorities and bodies (both public and private) therein. We see too, however, an internal market framework that strains to cope with a series of challenges, both internal and external to the EU itself. The approach of the contributors is twofold - on one hand they reflect thematically on questions of regulation which cut across the spectrum of the market and its freedoms. On the other hand they adopt more sector-specific lenses (including, for example, regulation of the media and the Internet) through which contemporary regulatory dynamics can be reconsidered. Providing analysis of contemporary challenges facing the internal market, this book will be of great interest to academics, researchers and students working in the field of EC law. It will also appeal to national and Community policy makers as it seeks to locate the constitutional and regulatory boundaries of the internal market sphere.

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws.

The book covers case studies of nine countries of differing sizes and at varying stages of economic development, that have at one stage or another repealed extant competition laws for new ones, and seeks to examine the motivations and contexts under which this was done. The countries examined include the Czech Republic, Hungary, India, Ireland, Poland, Serbia, South Africa, Tanzania and the UK. Tracing the evolution of competition regimes in the countries covered, the book provides lessons for countries still in the process of forming their competition regimes. The contributions show that the road to strong competition regimes is seldom smooth, and that social, economic and political factors in the country hugely impact on the pace and effectiveness of competition reforms. The volume also addresses the issue of when the development of competition policies and laws can be seen to be in conflict with national development strategies.

In the warped world of prescription drug pricing, generic drugs can cost more than branded ones, old drugs can be relaunched at astronomical prices, and low-cost options are shut out of the market. In Drugs, Money and Secret Handshakes, Robin Feldman shines a light into the dark corners of the pharmaceutical industry to expose a web of shadowy deals in which higher-priced drugs receive favorable treatment and patients are channeled toward the most expensive medicines. At the center of this web are the highly secretive middle players who establish coverage levels for patients and negotiate with drug companies. By offering lucrative payments to these middle players (as well as to doctors and hospitals), drug companies ensure that inexpensive drugs never gain traction. This system of perverse incentives has delivered the kind of exorbitant drug prices - and profits - that everyone loves except for those who pay the bills.

This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the first book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

Typically, antitrust law problems do not start out as punitive damages or merger control proceedings before antitrust authorities. Instead, they initially arise in daily business life when designing contracts and negotiating purchase and sales conditions. This work discusses the full range of critical problems that occur in each subject area and offers concrete suggestions for managing them.

A volume that takes stock and looks ahead on the development and implementation of competition policy in the European Union fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU with competition acting as the driving force for economic efficiency and the welfare of citizens. Case law has been established to control and prevent anti-competitve behavior, state aid control has consolidated and evolved towards a more economic approach, and the authority of the EC and the judicial review of the Court of the First Instance (CFI) and the European Court of Justice (ECJ) are firmly etsablished.
The book provides an economic approach to competition policy and reflects the main areas of interest, open issues and progress in the area. The volume examines the design of competition policy institutions, the evolution of the implementation of competition policy and its convergence or divergence with US practice, restrictive practices, cartels, abuse of dominance, merger control and state aids. The volume also analyses the interaction of competition policy and regulation, and studies its application to telecoms, banking and energy sectors. All chapters are written by leadfing specialists combining theoretical with practical knowledge and discussing the underpinings of the application of law.

This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.' - Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law. As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries. Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity. Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.

This is an extraordinary collection of essays, most previously available only in Chinese, by the leading world authority on China's Anti-Monopoly Law. They are necessary reading for a holistic understanding of the law as a unique product of its history, its purposes and foundations, and its early applications. Probably no other scholar could produce such a thoughtful, clear, and both theoretically and practically helpful collection.' - Eleanor M. Fox, New York University School of Law, USChina'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. Contents: 1. Why Needs China Anti-Monopoly Law? 2. Anti-monopoly Law and Building a Harmonious Society 3. Anti-monopoly 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 Anti-monopoly Legislation in China 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 Anti-monopoly Law 17. Unfair Competition and Anti-Competition 18. Comments on Merger Control under China's Anti-monopoly Law 19. Highlights of China's New Anti-monopoly Law 20. Analysis and Comment on China's Anti-Monopoly Law 21. China's Anti-monopoly 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 4. China's Anti-Monopoly Law for Three Years: Achievements and Challenges Index

It is rare to find an analysis as clear-sighted of the energy market regulation in Europe taking into account legal, regulatory and (geo-)political aspects. Congratulations to this contribution to the debate about regulating energy markets in the future.' - Herwig C. H. Hofmann, Professor of European and Transnational Public LawLaw and Policy of the European Gas Market examines the regulatory and competitive choices of institutions and bodies operating within the EU gas market, with a view to achieving a higher level of market integration. Offering an in-depth analysis of the design, structure and functioning of the EU gas market, the book considers the most recent European legal developments associated with this market and places them in their respective geopolitical context. This timely book contributes to the discussion surrounding the concurrent application of competition law and regulation on the EU gas market. It also provides a unique critique of the way in which competition law is used, mainly through the European Commission's so-called 'commitments practice', while looking at consumer protection and the effects of such practice on third-country transmission system operators. This book provides a unique reassessment of the role played by sector-specific regulation in achieving gas market integration and will therefore prove a valuable resource for gas market participants, policy makers and lawyers in the field. It will also be of great use to students, academics and researchers interested in the latest legislative reform of the EU gas market or 'the Third Energy Package'. Contents: 1. Introduction 2. The specifics of the EU gas market 3. Setting of relationships with natural gas producers 4. EU gas market structure 5. Defining and assessing the current EU gas market design 6. Integration of the EU gar market through administrative bodies 7. Conclusion Bibliography Annex I: Legislation applicable to the EU gas market Annex II: Case Law Index

This indispensable Handbook examines the interface of competition policy, competition law and industrial economics.The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues. The International Handbook of Competition Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives. Contributors: D.B. Audretsch, E.W. Bond, A.W.A. Boot, V. Ghosal, R. Griffith, K. Huschelrath, C. Kirchner, M. Marinc, S. Martin, D.C. Mueller, L. Nesheim, M. Neumann, A. Rasch, A. Rathbone, C. Rowley, A. Wambach, J. Weigand, B.B. Yurtoglu

State aid policy is based upon the principle of European Community supervision of assistance granted by the Member States, or through State resources in whatever form. It threatens to distort competition by favouring certain undertakings or the production of certain goods. This volume deals with the question how an appropriate balance can be struck between trade liberalization and the role of the State in the economy.

United Nations Conference on Trade and Development (UNCTAD) voluntary peer reviews of competition law and policies are conducted at annual meetings of the Intergovernmental Group of Experts on Competition Law and Policy or at five-yearly United Nations Conferences to Review the United Nations Set. The substantive preparation was carried out by the Competition and Consumer Policies Branch (CCPB) of UNCTAD under the direction of Teresa Moreira, Head of CCPB. This report was prepared for UNCTAD by Maria Leonila Papa. The substantive backstopping and review of the report was the responsibility of Dr. Pierre Horna and Elizabeth Gachuiri, assisted by Hyejong Kwon, Competition and Consumer Policies Branch, under the guidance of Teresa Moreira, Head of the Branch, UNCTAD. Elona Lazaj assisted in coordinating the process with the Bangladesh Competition Commission and the consultant as part of the UNCTAD team for the Bangladesh peer review on competition policy

Recent years have seen a trend toward an 'economics-based' approach to the enforcement of European competition law. But what is meant by 'economics-based', and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts. Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used. Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.

This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.

This comprehensive research Handbook brings together cutting-edge legal and economic analysis into antitrust issues by leading experts from Europe, the USA, Canada, Mexico and South America. The Handbook of Research in Trans-Atlantic Antitrust covers a wide-range of areas including: * the meaning of consumer welfare * mergers in monopsony markets * unilateral effects * private and criminal enforcement * implementing competition policy in regulated sectors * abuse of intellectual property rights * competition remedies * international enforcement cooperation * complainants' rights * dominant firm pricing * tying and bundling. The Handbook also includes discursive consideration of the similarities and differences among the various regimes on either side of the Atlantic, as well as a look to future trends and applications in regional and global contexts. Offering a comparative view of pressing antitrust issues, this Handbook will be of great interest to academics, lawyers, practitioners and officials.

Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.