This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach.
Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation.
This book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.
Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Xinzhu Zhang, Professor of Economics, Jiangxi University of Finance and Economics, Shanghai University of Finance and Economics and Chinese Academy of Social Sciences, China
Contents: 1. Introduction/Editorial Foreword Michael Faure and Xinzhu Zhang PART I: GENERAL ISSUES 2. The Uneasy Case for Competition Law and Regulation as Decisive Factors in Development: Some Lessons for China Thomas S. Ulen 3. Study on Frontier Issues and the Future Road of Regulation Over Monopoly Agreements in China Yong Huang and Zhe Zhang 4. Critical Issues in the Enforcement of the Anti-Monopoly Law in China: A Law and Economics Perspective Roger Van den Bergh and Michael Faure PART II: COMPETITION LAW AND ADMINISTRATIVE MONOPOLIES 5. The Measure of Regional Administrative Monopoly in China Liangchun Yu and Donghua Yu 6. Administrative Monopolies, State Aid, Barriers to Entry and Market Integration: Challenges for the Chinese Anti-Monopoly Law Stefan Weishaar 7. Regulation and Corporate Governance of State-owned Enterprises: Issues for Improved Efficiency and Competitiveness and Lessons for China Luis Alberto Andres, Jose Luis Guasch and Sebastian Lopez Azumendi PART III: INDUSTRIAL AND PROFESSIONAL REGULATION 8. The Industrial Regulation of China: Basic Experiences and Lessons Fuliang Chen 9. Professional Licensing and Self-regulation in Europe and China: A Law and Economics Perspective Niels Philipsen PART IV: MERGER CONTROL 10. Chinese Merger Control: Patterns and Implications Xinzhu Zhang and Vanessa Yanhua Zhang 11. Revising the Horizontal Merger Guidelines: Lessons from the US and the EU Richard Gilbert and Daniel Rubinfeld PART V: SUBSTANTIVE COMPETITION LAW: CARTELS, ABUSE OF DOMINANCE AND PREDATION 12. Monopoly Agreements and Abuse of Dominance: Some Remarks About the Substantive Rules Roberto Pardolesi 13. The Legal Regime Preventing Predation in the People's Republic of China: A Law and Economics Analysis Stefan Weishaar PART VI: CONCLUSIONS: FUTURE LOOK 14. Concluding Remarks Michael Faure and Xinzhu Zhang Index