China International Institute of Antitrust and Investment, First Annual Antitrust Symposium, 2013

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Beijing, July 10, 2013
The School of International Law of the China University of Political Science and Law is pleased to sponsor the China Institute of International Antitrust and Investment. This is probably the only institution that focuses on the international dimension of competition policy, that is, the impact of the competition regime of a given country on the influx of foreign direct investment.
This book features a collection of selected papers that were presented in the first international conference that the Institute hosted in March 2013, which attracted executives of dozens of multinational corporations and nearly two hundred international lawyers and renowned scholars. Given China 's nascent competition regime and its status as a major destination of global foreign direct investment flow, a large portion of the papers are devoted to the study of China’s competition policy or /and its impact on foreign direct investment. An equally significant portion of papers are concerned with the competition regimes of other countries and their impact on Chinese enterprises ' globalization strategy, having taken into account the fact that China has become a leading source of the foreign direct investment flow. By offering insights on the evolving competition regimes of various jurisdictions, and presenting firsthand materials, this book will be a useful handbook for corporate executives, practitioners and legal scholars. It is also valuable to legislators and competition law enforcement agencies in that most of the papers offer pragmatic advice concerning the improvement of the competition regimes and their enforcement.
At the time of the publication of this collection of selected papers, I would like to offer my congratulations on the authors. I would also like to give my sincere thanks to the editors, who were also the organizers of the aforesaid international conference. They deserve our applause.
Kong Qingjiang
Dean, School of International Law, China University of Political Science and Law

Authors / Contributors

Table of Contents

Part A Background and Introduction to Chinese Anti-Monopoly law

Chapter 1 Speech by Prof. Huang Jin

Chapter 2 The Never ending yet Vital Pursuit of Greater Cooperation,
Convergence, and Transparency

Chapter 3 Review of and Outlook on China's Anti-Monopoly Work


Part B Definition of Relevant Markets

Chapter 4 Market Definition in Antitrust Analysis

Chapter 5 Certain Legal Issues about Relevant Market

Part C Cartels

Chapter 6 Anti-Cartel Enforcement in China and the Way to Minimize Legal
Risk

Chapter 7 Key Antitrust Issues Facing Chinese Companies Doing Business in
the United States: Avoiding Cartel Problems

Chapter 8 An EU Perspective on Cartels

Chapter 9 Claiming Compensation in the UK for Loss Caused by International
Cartels

Part D Abuse of Dominant Position

Chapter 10 Abusing of Dominance: a China Perspective

Chapter 11 Essential Facility Doctrine and Anti-Monopoly Law

Chapter 12 Abuse of Dominant Market Position and Administrative Monopoly
in China Market

Part E Mergers & Acquisitions

Chapter 13 A Preliminary Statistical Examination of China's Merger Review
Policy

Chapter 14 Developments and Trends of Chinese Merger Control Law and
Practise

Chapter 15 Progress and Expectations After the First Five Years: An Empirical
Analysis of China's Merger Control Regime

Chapter 16 Economic Fundamentals for the Substantive Analysis of Mergers:
United States and China

Chapter 17 Characteristic Features of Merger Control in Japan

Chapter 18 Public Interest Factors as Part of South African Merger Review

Chapter 19 Key Antitrust Issues Facing Chinese Companies Doing Business in
Italy: the Merger Control Regime

Chapter 20 Acquisition of Minority Shareholdings: Beware of German Merger
Control And Additional Scrutiny

Part F Antitrust Litigation & Enforcement Proceedings

Chapter 21 How the Judicial Interpretation of the Supreme People's Court
Affects Civil Antitrust Actions in China

Chapter 22 Arbitrability of Antitrust Disputes in China

Chapter 23 Sellers Beware: Recent Trends Regarding the Reach of the U.S.
Antitrust Laws to Cover Overseas Transactions

Chapter 24 Corporate Leniency: Maintaining the Integrity and Power of
Antitrust Enforcement's Most Powerful Tool

Part G International—Global Perspectives; China in the World

Chapter 25 Hong Kong's First Cross-Sector Competition Law: a modern
competition law with Hong Kong characteristics

Chapter 26 Reflection of Korea's Third Way: Regulation of Resale Price
Maintenance in Korea

Chapter 27 Competition Law and Foreign Investment in Singapore

Chapter 28 Looking to the future: the ACCC's strategic approach under Mr
Rod Sims

Chapter 29 Chinese Companies in Indian Market Challenges Faced

Chapter 30 Key Antitrust Issues Facing Chinese Companies in Brazil

Chapter 31 Antitrust issues facing Chinese companies in Brazil

Chapter 32 The 2013 New Competition Regime in Mexico: Fixing competition
problems right there at the Constitution

Chapter 33 Current Developments in the Treatment of Intellectual Property in
the U.S. Competition System

Chapter 34 Competition and Foreign Investment Reviews of Asian Investments
into Canada

Chapter 35 The EU-China Antitrust Cooperation Agreement: A Wake Up Call
for Chinese companies

Part H Government Roundtable

Chapter 36 Government Roundtable