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Competition Laws, Globalization and Legal Pluralism

China's Experience

By: Qianlan Wu
Media of Competition Laws, Globalization and Legal Pluralism
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Published: 12-11-2013
Format: Hardback
Edition: 1st
Extent: 242
ISBN: 9781849464321
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About Competition Laws, Globalization and Legal Pluralism

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.

Table Of Contents

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?
Chapter 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
Chapter 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 of Norms
V. Conclusion
Part II China's Market Governance and the Anti-Monopoly Law (AML)
Chapter 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
Chapter 4 The Market Environment and Restraints on Competition in China
I. Introduction
II. China's Economic Transformation
III. The 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
Chapter 5 The Making of the Anti-Monopoly Law
I. Introduction
II. Production of the Anti-Monopoly Bill
III. China's Communication with Global Competition Law Norms
IV. Enactment of the AML
V. The Enacted AML
VI. Conclusion
Part III Global Competition Law Norms and Local AML
Chapter 6 Institutionalization of the AML Enforcement
I. Introduction
II. Public Enforcement
III. Private Enforcement
IV. Administrative and Judicial Review
V. Conclusion
Chapter 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

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