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It probably goes without saying that anti-monopoly law and practice
are of very recent vintage in China. In August 2008, 118 years
after the Sherman Act and 50 years after the Treaty of Rome,
China's Anti-Monopoly Law (AML) came into effect. Since then the
enforcement of the AML has seen significant progress as well as
considerable challenges. This volume, comprised of 27 highly
informative contributions by more than 40 government officials,
academics, economists, in-house lawyers, and private practitioners,
introduces novice practitioners to the complexities of antitrust
law in China and provides new insight for those already working in
the field. Generally following the structure of the text of the
AML, topics and issues covered include the following:; an overview
of the first five years of AML implementation; the institutional
framework for antitrust enforcement in China; monopoly agreements
between market players; abuses of dominance committed by a single
company; problems and potential solutions for information exchanges
between competitors; the economics underlying retail price
maintenance; refusals to deal; procedural and substantive practice
of merger decisions; the application of merger control to joint
ventures; 'administrative monopolies' and the tension between
competition and industrial policies; ways to seek legal redress;
litigation (both administrative and civil) and the role of the
courts; international cooperation efforts made in relation to
Chinese antitrust enforcers; the relationship between the AML and
China's anti-bribery rules; the treatment of vertical integration
or cooperation; and how the AML rules apply to intellectual
property rights. Throughout the book there are analyses of major
judgments with key conclusions to be drawn from them, as well as
comparisons with corresponding judgments in other jurisdictions.
This book is the first comprehensive analysis of the AML, and as
such will be of inestimable value to business persons and in-house
counsel, as well as to academics in Chinese law and competition law
from a global perspective.
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