The Practitioner's Guide to Antitrust in China

The Practitioner's Guide to Antitrust in China

Author: Becky Nao Koblitz

Publisher: Kluwer Law International B.V.

Published: 2015-08-27

Total Pages: 236

ISBN-13: 9041168125

DOWNLOAD EBOOK

Management and legal counsel of foreign companies operating in China as well as those outside China with Chinese business desperately need to keep up with the fast-paced antitrust developments in the most dynamic market in the world. The author of this book, Becky Koblitz, is a seasoned antitrust lawyer for a major U.S. law firm in Beijing. She has decades of legal experience as a prosecutor at the Antitrust Division of the U.S. Department of Justice, as well as in-house counsel for a German subsidiary of a major American real estate development company and as a lawyer at law firms globally. Her rich experience in the U.S., Europe and China, now often regarded as the three centers of global antitrust, makes her the perfect candidate to write a book on China's antitrust development. Her book is a quick read that tells what there is to know about China's antitrust enforcement and includes practical advice and examples for the various aspects of antitrust: dealing with competitors, dealing within the supply chain, mergers, etc. She writes in a straight-forward language such that non-antitrust lawyers can get beyond stock phrases like "illicit price coordination," "abuse of dominance," or "unilateral effect." Her book is a valuable and practical "cookbook" for antitrust compliance training and beyond. Another feature of the book is that it provides both legal and economic perspectives on antitrust analysis in China, which is important given that economic analysis is increasingly adopted by China's antitrust agencies and the Chinese courts. Thus understanding the logic and methodology behind economic analysis as applied to Chinese cases is key to conducting proper antitrust legal analysis that is tailored to the Chinese context. To write a book on the burgeoning antitrust enforcement and practice for the constantly evolving Chinese market is a real challenge. The trick, and it is not as easy as you would think, is to write simple declarative sentences, understandable to the antitrust layman, and at the same time not lose the rigor of antitrust analysis. I think this relatively short book is a remarkable achievement in meeting such a challenge, but I invite you to judge for yourself.


Practitioner's Guide to Global Investigations

Practitioner's Guide to Global Investigations

Author: Judith Seddon

Publisher: Law Business Research Ltd.

Published: 2018-01-19

Total Pages: 987

ISBN-13: 1912377837

DOWNLOAD EBOOK

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.


Chinese Antitrust Exceptionalism

Chinese Antitrust Exceptionalism

Author: Angela Zhang

Publisher: Oxford University Press

Published: 2021-02-08

Total Pages: 272

ISBN-13: 0192561197

DOWNLOAD EBOOK

China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.


Chinese Antitrust Exceptionalism

Chinese Antitrust Exceptionalism

Author: Angela Zhang

Publisher: Oxford University Press, USA

Published: 2021-03

Total Pages: 273

ISBN-13: 0198826567

DOWNLOAD EBOOK

This book explores the clash between antitrust, a body of law designed to address market failures in Western democracies, and China, an economic superpower under authoritarian control, analysing the challenges Chinese regulation poses to foreign companies and those faced by Chinese firms in complying with antitrust rules in foreign countries.


Mining Ideas For Diamonds: Comparing China And Us Ip Practices From Invention Selection To Patent Monetization

Mining Ideas For Diamonds: Comparing China And Us Ip Practices From Invention Selection To Patent Monetization

Author: Tao Zhang

Publisher: World Scientific

Published: 2016-09-20

Total Pages: 384

ISBN-13: 9813146184

DOWNLOAD EBOOK

In 2015, China and the U.S. were among the top three countries in terms of the number of international PCT (Patent Cooperation Treaty) patents filed, together making up 40% of the global share, reported the World Intellectual Property Organization (WIPO).Not surprisingly, there is a huge international desire within the business, legal and technical communities to better understand the Intellectual Property (IP) practices of these two giants in the industry. This book, a pioneer in comparing the two countries' practices side-by-side, does just that.Tao Zhang and Jingui Fang, respectively from Huawei Device USA and Huawei Technologies in China (2015's top PCT applicant according to WIPO, with 3,898 published patent applications), provide readers with first-hand guidance from invention conception to IP monetization, with a consistent emphasis on quality. Written such that readers can delve straight into any area of the IP cycle that interests them, the book also contains useful checklists that highlight best practices and key lessons learned.Whether you are an individual wanting to improve a product or process, a patent drafter needing to provide client satisfactory results, a patent asset manager desiring to create a bullet proof portfolio, or an IP business executive wishing to deliver much needed financial results to your company's bottom line, this book, with its comparative approach, is an essential read — filled with tips and information to help you create high quality patents.


Gun Jumping In Merger Control

Gun Jumping In Merger Control

Author: Catriona Hatton

Publisher:

Published: 2019-09-06

Total Pages: 478

ISBN-13: 9781939007100

DOWNLOAD EBOOK

Comparative guide concerning gun-jumping across 21 major jurisdictions, formulated by the Mergers Working Group of the Antitrust Committee of the International Bar Association.


Economics and Regulation in China

Economics and Regulation in China

Author: Michael Faure

Publisher: Routledge

Published: 2013-10-15

Total Pages: 253

ISBN-13: 1134623070

DOWNLOAD EBOOK

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.


Quantitative Techniques for Competition and Antitrust Analysis

Quantitative Techniques for Competition and Antitrust Analysis

Author: Peter Davis

Publisher: Princeton University Press

Published: 2009-11-16

Total Pages: 1185

ISBN-13: 1400831865

DOWNLOAD EBOOK

This book combines practical guidance and theoretical background for analysts using empirical techniques in competition and antitrust investigations. Peter Davis and Eliana Garcés show how to integrate empirical methods, economic theory, and broad evidence about industry in order to provide high-quality, robust empirical work that is tailored to the nature and quality of data available and that can withstand expert and judicial scrutiny. Davis and Garcés describe the toolbox of empirical techniques currently available, explain how to establish the weight of pieces of empirical work, and make some new theoretical contributions. The book consistently evaluates empirical techniques in light of the challenge faced by competition analysts and academics--to provide evidence that can stand up to the review of experts and judges. The book's integrated approach will help analysts clarify the assumptions underlying pieces of empirical work, evaluate those assumptions in light of industry knowledge, and guide future work aimed at understanding whether the assumptions are valid. Throughout, Davis and Garcés work to expand the common ground between practitioners and academics.


China and EU Antitrust Review of Refusal to License IPR

China and EU Antitrust Review of Refusal to License IPR

Author: Dr. Tiancheng Jiang

Publisher: Maklu

Published: 2015

Total Pages: 357

ISBN-13: 9046607623

DOWNLOAD EBOOK

Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.