Peter J. Wang, Sébastien J. Evrard, Yizhe Zhang, Baohui Zhang

Competition Law in China

Laws, Regulations, and Cases

• Broschiertes Buch

Produktbeschreibung

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.

Produktdetails

• Verlag: OUP Oxford / Oxford University Press
• Seitenzahl: 470
• Erscheinungstermin: 1. März 2014
• Englisch
• Abmessung: 234mm x 156mm x 25mm
• Gewicht: 152g
• ISBN-13: 9780198703822
• ISBN-10: 0198703821
• Artikelnr.: 39374469

Autorenporträt

Sébastien Evrard is a partner in the Beijing office of Jones Day, where he focuses his practice on competition law in China and the European Union. ; Peter Wang is a partner in the Shanghai and Beijing offices of Jones Day, where he handles complex disputes and antitrust matters in and relating to China, the United States, and worldwide. He also leads Jones Day's China antitrust practice.; Yizhe Zhang is a senior associate in the Beijing office of Jones Day, where she specializes in competition law. Prior to joining Jones Day, she was an official with MOFCOM, and was involved in the drafting of the Anti-Monopoly Law.

Inhaltsangabe

* A. Laws
* A-1: Anti-monopoly law of the People's Republic of China
* A-2: Price law of the People's Republic of China (articles 14, 40 and
41)
* A-3: Contract law of the People's Republic of China (articles 329 and
343)
* A-4: Patent law of the People's Republic of China (article 48)
* A-5: Foreign trade law of the People's Republic of China (articles 30
and 32)
* A-6: Regulation on the administration of import and export of
technologies of the People's Republic of China (article 29)
* B. Regulations
* State Council
* B-1: Regulation of the state council on the notification thresholds
for concentrations of undertakings
* B-2: Guidelines on the definition of the relevant market by the
anti-monopoly commission of the state council
* B-3: Circular of the general office of the state council on the main
functions and constituent members of the anti-monopoly commission of
the state council
* B-4: Circular by the general office of the state council regarding
the institution of a security review system for mergers and
acquisitions of domestic enterprises by foreign investors (full text)
* Mofcom
* B-5: Rules for the notification of concentrations of undertakings
* B-6: Anti-monopoly notification form for concentrations of
undertakings
* B-7: Rules for the review of concentrations of undertakings
* B-8: Provisional provisions on asset or business divesture during
implementation of concentrations of undertakings
* B-9: Rules for calculation of turnover for the notification of
concentrations of undertakings in the financial sector
* B-10: MOFCOM provisions on the implementation of the security review
system for mergers and acquisitions of domestic enterprises by
foreign investors
* B-11: MOFCOM interim provisions for the assessment of the effects of
concentrations of undertakings on competition
* B-12: MOFCOM provisional rules on the investigation and handling of
concentrations of undertakings not notified in accordance with the
law
* B-13: MOFCOM draft provisional rules on the gathering of evidence for
suspected monopolistic concentrations of undertakings not reaching
the notification thresholds
* B-14: MOFCOM draft provisional rules on the investigation and
handling of suspected monopolistic concentrations of undertakings not
reaching the notification thresholds
* SAIC
* B-15: Procedural rules of the administration for industry and
commerce regarding the investigation and handling of cases relating
to monopoly agreements and abuses of dominant market position
* B-16: Procedural rules of the administration for industry and
commerce regarding the prohibition of abuses of administrative power
for the purpose of eliminating or restricting competition
* B-17: Rules of the administration of industry and commerce on the
prohibition of monopoly agreements
* B-18: Rules of the administration for industry and commerce on the
prohibition of abuse of dominant market position
* B-19: Rules of the administration for industry and commerce on the
prohibition of abuses of administrative power for the purposes of
eliminating or restricting competition
* B-20: Anti-monopoly enforcement guidelines for intellectual property
rights
* NDRC
* B-21: Anti-price monopoly rules
* B-22: Rules on administrative enforcement procedures for anti-price
monopoly
* C. Judicial Interpretations
* C-1: Rules by the supreme people's court on certain issues relating
to application of laws for hearing cases of civil disputes caused by
monopoly conduct
* D. Administrative Decisions
* Mofcom
* D-1: MOFCOM announcement [2008] no. 95 regarding the conditional
approval of InBev's acquisition of Anheuser-Busch
* D-2: MOFCOM announcement [2009] no. 22 regarding decision on
prohibiting of Coca-Cola's acquisition of Huiyuan
* D-3: MOFCOM announcement [2009] no. 28 regarding the conditional
approval of the Mitsubishi Rayon's acquisition of Lucite
International
* D-4: MOFCOM announcement [2009] no. 76 regarding the conditional
approval of General Motors' acquisition of Delphi
* D-5: MOFCOM announcement [2009] no. 77 regarding the conditional
approval of Pfizer's acquisition of Wyeth
* D-6: MOFCOM announcement [2009] no. 82 regarding the conditional
approval of Panasonic's acquisition of Sanyo
* D-7: MOFCOM announcement [2010] no. 53 regarding the conditional
approval of Novartis AG'S acquisition of Alcon Inc
* D-8: MOFCOM announcement [2011] no. 33 regarding the conditional
approval of the combination of open joint stock company Uralkali and
open joint stock company Silvinit
* D-9: MOFCOM announcement [2011] no. 73 regarding the conditional
approval of the acquisition of Savio Macchine Tessili S.P.A. by
Penelope Company Limited
* D-10: MOFCOM announcement [2011] no. 74 regarding the anti-monopoly
review decision for conditional clearance of the contemplated joint
venture between GE (China) Co., LTD. and China Shenhua Coal to Liquid
and Chemical Co., LTD.
* D-11: MOFCOM Announcement [2011] no. 90 regarding the anti-monopoly
review decision for conditional approval of the anti-monopoly review
in respect of acquisition by seagate of Samsung's hard disk drive
business
* D-12: MOFCOM announcement [2012] no. 6 regarding the conditional
approval of the establishment of a joint venture by Henkel Hong Kong
and Tiande Chemical
* D-13: MOFCOM announcement [2012] no. 9 regarding the conditional
approval of the acquisition of Hitachi Global Storage Technologies by
Western Digital Corp
* D-14: MOFCOM announcement [2012] no. 25 regarding the conditional
approval Google's acquisition of Motorola Mobility
* D-15: MOFCOM announcement [2012] no. 35 regarding the conditional
approval of the acquisition of Goodrich by United Technologies
* D-16: MOFCOM announcement [2012] no. 49 regarding the conditional
approval of Walmart's acquisition of 33.6% of Newheight Holdings
* D-17: MOFCOM announcement [2012] no. 87 regarding the conditional
approval of the joint venture among Arm Holdings, Giesecke and
Devrient and Gemalto