Antitrust Law in China, Korea and Vietnam

Hardcover | August 16, 2009

byMark Furse

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Following China's entry into the WTO in September 2001, it has been keen to establish itself among trading parties as a market economy. In recent years it has become one of the largest trading nations in the world, and is a source of substantial inward investment. In recognition of thesedevelopments, the government has undertaken a major overhaul and modernisation of its competition law, superseding the outdated and disparate provisions previously in place, with new legislation in 2007. China's near neighbours, Vietnam and South Korea, likewise have vibrant economies and have hadstrong trading relationships with the west for many years. This book is the first to cover the practical implications of the developments in competition law in these countries. It is aimed at practising lawyers and company advisors, giving a clear description of the new antitrust law in China, the established antitrust law in Taiwan and Korea, and the underdeveloped law in Vietnam. It also considers developments in Hong Kong, which is in the process of introducing ageneral law of antitrust. The first part of the book gives a concise introduction to antitrust laws and policies in the jurisdictions covered, as well as an introduction to standards in antitrust law for those new to the area. China, Taiwan, Korea and Vietnam each have five chapters devoted todiscussion of the regime in general, its institutional shape, the substantive laws relating to agreements, dominant or monopoly firm conduct, merger control and procedures. The relevant legislation is explained and the principles clarified by references to guidelines, practice and relevant decisionsand cases. In the case of Hong Kong a single chapter discusses the proposals brought forward by the legislature. Particular attention is paid to the extent to which antitrust laws in each jurisdiction may be applied to parties who are not citizens in those jurisdictions.This book is invaluable to lawyers advising clients engaging in international trade and commerce with and within these territories, and besides giving a clear explanation of the position of the law, it also contains translations of the core relevant legislation for each of the jurisdictions.Academics specialising in international competition law will find this a concise and informative text for consultation.

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From the Publisher

Following China's entry into the WTO in September 2001, it has been keen to establish itself among trading parties as a market economy. In recent years it has become one of the largest trading nations in the world, and is a source of substantial inward investment. In recognition of thesedevelopments, the government has undertaken a m...

Mark Furse is a Professor of Competition Law and Policy at the University of Glasgow, and is an Adjunct Professor at the South West University of Political Science and Law, Chongqing, China. He has studied and worked with antitrust law for nearly 25 years, and is the author of a number of books on antitrust in Europe. He has extensive...

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Format:HardcoverDimensions:456 pages, 9.69 × 6.73 × 0.98 inPublished:August 16, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199285861

ISBN - 13:9780199285860

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Table of Contents

Part One:1.1. IntroductionAntitrust Law in ChinaAntitrust Law in Hong KongAntitrust Law in TaiwanAntitrust Law in KoreaAntitrust Law in Vietnam1.2. Standards in Antitrust LawIntroductionThe Control of Anti-Competitive AgreementsMonopolisation and Abuse of Dominant PositionMerger ControlApplication of Economic Principles and EvidenceInternational CooperationPart Two:2.1. The Chinese Antitrust Law RegimeIntroductionThe Anti-Monopoly LawThe Institutional StructureGeneral ExemptionsTerritorial ApplicationInternational Cooperation and AgreementsPre-2007 Legislation2.2. China AgreementsIntroductionHorizontal AgreementsVertical AgreementsTrade AssociationsExemptionsPenalties2.3. China Monopoly and Abuse of DominanceIntroductionThe Assessment of DominanceAbuse of Dominant PositionAbuse of Administrative Power2.4. China Merger ControlIntroductionJurisdictionProceduresThe Substantive TestEfficiencies and the Failing Firm DefenceRemedies and Penalties2.5. China ProcedureIntroductionInvestigations by the AMEAComplaintsFinal DecisionsPenaltiesAppealsThird Party RightsPart Three:3.1. Antitrust in Hong KongIntroductionThe ProposalsPart Four:4.1. The Taiwan Antitrust Law RegimeIntroductionThe Fair Trade CommissionGeneral ExemptionsTerritorial ApplicationInternational Cooperation and Agreements4.2. Taiwan AgreementsIntroductionUnfair Competition as it Relates to Horizontal and Vertical AgreementsPenalties for Breach4.3. Taiwan Monopoly and Abuse of DominanceIntroduction4.4. Taiwan Merger ControlIntroductionJurisdictionProceduresApplication of the Substantive TestRemedies and Penalties4.5. Taiwan ProcedureIntroductionInvestigationsHearings and Access to FileCorrective Measures and PenaltiesAppealsThird Party Rights and DamagesPart Five:5.1. The Korean Antitrust Law RegimeIntroductionThe Fair Trade CommissionGeneral ExemptionsTerritorial ApplicationInternational Cooperation and Agreements5.2. Korea AgreementsIntroductionChapter 4, MRFTA - 'Improper Cartels' (Horizontal Agreements)Chapter 6, MRFTA - Enterprisers' Organizations (Trade Associations)Chapter 7, MRFTA - Resale Price MaintenanceChapter 8, MRFTA - International ContractsVertical AgreementsPenalties for BreachFranchise Agreements5.3. Korea Monopoly and Abuse of DominanceIntroductionAbuse of Dominant PositionUnfair Trade Practices5.4. Korea MergersIntroductionJurisdictionProceduresApplication of the Substantive TestRemedies5.5. Korea ProcedureIntroductionInvestigationsHearings, Access to File and SecrecyCorrective Measures and PenaltiesAppealsDamagesArbitrationPart Six:6.1. The Vietnamese Antitrust Law RegimeIntroductionInstitutional ArrangementsGeneral ExemptionsActs of the StateTerritorial ApplicationInternational Cooperation and AgreementsIntellectual Property6.2. Vietnam AgreementsIntroductionHorizontal AgreementsVertical Agreements6.3. Vietnam Monopoly and Abuse of DominanceIntroductionThe Assessment of Dominance and MonopolyConduct Prohibited6.4. Vietnam MergersIntroductionConcentrationsExemptionNotification and ProcedureRemediesTerritorial Application6.5. Vietnam ProcedureIntroductionInvestigations and EvidenceComplaintsRights of the PartiesAppendices:1. The Chinese Anti-Monopoly Law2. The Taiwan Fair Trade Act3. The Korean Monopoly Regulation and Fair Trade Act4. The Vietnamese Competition Law