
- 242 pages
- English
- PDF
- Available on iOS & Android
About this book
Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization.
The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context.
This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.
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Information
Table of contents
- preliminary pages
- Foreword: China as a Laboratory of Legal Change
- Acknowledgements
- Table of Contents
- List of Abbreviations
- Table of Cases
- Table of Legislation
- Table of Treaties
- Introduction
- I. Competition Law and Economic Globalization
- II. Competition Law and Global Legal Pluralism
- III. Outline of the Chapters
- Part I: Where Do the Norms Come From?
- 1. US, EU and Global Competition Law Development
- I. Introduction
- II. US Antitrust Law
- III. EU Competition Law
- IV. US, EU and Global Competition Law Development
- V. Conclusion
- 2. International Organizations and Competition Law: Diverging Rationale?
- I. Introduction
- II. International Organizations and Competition Law
- III. The WTO and Competition Law
- IV. Pursuit of Efficiency and Non-discrimination: Clash or Norms
- V. Conclusion
- Part II: China’s Market Governance and the Anti-Monopoly Law
- 3. Market Governance in China
- I. Introduction
- II. Institutional Transformation of Market Governance
- III. Normative Rationalization for Market Governance
- IV. Dispute Settlement in China's Market Governance
- V. Conclusion
- 4. The Market Environment and Restraints of Competition in China
- I. Introduction
- II. China's Economic Transformation
- III. Market Environment in China
- IV. State Owned Enterprises in the Chinese Market
- V. Development of Foreign Invested Enterprises
- VI. Development of Private Domestic Enterprises
- VII. Restraints on Competition in China
- VIII. Conclusion
- 5. The Making of the Anti- Monopoly Law
- I. Introduction
- II. Production of the Anti-monopoly Bill
- III. China's Communication with Competition Law Norms
- IV. Enactment of the AML
- V. The Enacted AML
- VI. Conclusion
- Part III: Global Competition Law Norms and Local AML
- 6. Institutionalization of the AML Enforcement
- I. Introduction
- II. Public Enforcement
- III. Private Enforcement
- IV. Administrative and Judicial Review
- V. Conclusion
- 7. Global Competition Law Norms in the AML Enforcement
- I. Introduction
- II. The AML and the Pursuit of Allocative Efficiency
- III. The AML and Non-discrimination
- IV. Conclusion
- Conclusion
- Bibliography
- Index