Competition Policy and Law in China, Hong Kong and Taiwan by Mark Williams | 9780521121736 | Paperback | Barnes & Noble
Competition Policy and Law in China, Hong Kong and Taiwan

Competition Policy and Law in China, Hong Kong and Taiwan

by Mark Williams
     
 

ISBN-10: 0521121736

ISBN-13: 9780521121736

Pub. Date: 10/29/2009

Publisher: Cambridge University Press

This book is the only comprehensive guide to the competition regimes of China, Hong Kong and Taiwan. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states worldwide. The book also considers the pressure of transnational organisations on transitional states to adopt market-based economic strategies.

Overview

This book is the only comprehensive guide to the competition regimes of China, Hong Kong and Taiwan. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states worldwide. The book also considers the pressure of transnational organisations on transitional states to adopt market-based economic strategies. The book adopts an inter-disciplinary approach considering the political, economic and legal issues relevant to competition policy adoption. The paradoxical phenomenon of Communist mainland China seeking to adopt a pro-competition law, whilst capitalist Hong Kong refuses to do so, is explained and contrasted with the successful Taiwanese adoption of a competition regime over a decade ago. The underlying economic and political forces that have shaped this unusual matrix are discussed and analysed with a theoretical explanation offered for the existing state of affairs.

Product Details

ISBN-13:
9780521121736
Publisher:
Cambridge University Press
Publication date:
10/29/2009
Pages:
492
Product dimensions:
5.90(w) x 9.00(h) x 1.30(d)

Table of Contents

Prefacexi
Acknowledgmentsxiv
List of abbreviationsxvi
1Introduction and methodology1
1.1Scope of the book and a definition of China1
1.2Rationale and research questions6
1.3Objectives8
1.4Methodology8
1.5Structure of the book and summary of chapters21
1.6Conclusion23
2Competition theory and the experience of states adopting competition law24
2.1Introduction24
2.2Competition terminology and the nature of economic competition25
2.3The objectives of competition policy31
2.4Economic analysis of law34
2.5Current economic theory and the justification for adoption of competition law34
2.6The political dimension - political economy and business regulation theory38
2.7Development economics and competition law adoption44
2.8The experience of transitional and developing economies that have adopted competition regimes49
2.9The importance of competition advocacy62
2.10The design of competition regimes and institutional infrastructure64
2.11The balance of convenience - for or against adoption?69
2.12Conclusion71
3The international perspective73
3.1Introduction73
3.2The role of international organisations76
3.3The United Nations Conference on Trade and Development (UNCTAD)77
3.4Organisation for Economic Co-operation and Development (OECD)80
3.5The World Bank and the International Monetary Fund (IMF)84
3.6World Trade Organisation (WTO)85
3.7Asia-Pacific Economic Co-operation (APEC)89
3.8International Competition Network (ICN)90
3.9Conclusion93
4China and economic regulation - history, politics and economics95
4.1Introduction95
4.2Modern history of China and major political events96
4.3Economic policy 1949-2004109
4.4Government structures and personnel121
4.5Law making127
4.6The legal system, the courts and lawyers129
4.7Administrative Monopoly and local protectionism138
4.8A change to market solutions? The rationale for adoption144
4.9The academic community149
4.10Competition advocacy151
4.11Conclusion152
5Existing and proposed Chinese competition provisions153
5.1Introduction153
5.2Chinese domestic literature on competition policy and law153
5.3Current competition law provisions165
5.4Competition policy making 1994 to 2000172
5.5The Draft Anti-Monopoly Law 1999177
5.6The 2001 Draft modifications191
5.7Control of enterprise mergers-only foreigners need comply197
5.8The 2004 Draft Anti-Monopoly Law204
5.9Current competition concerns in China-merger mania211
5.10Implementation215
5.11China's position measured against success criteria219
5.12Conclusions220
6Competitive Hong Kong? myths, perception and reality222
6.1Introduction222
6.2History227
6.3Political institutions230
6.4The civil service234
6.5Legal institutions235
6.6The academic community236
6.7Economic policy and structure236
6.8Land - a government monopoly239
6.9The competition debate 1992-2003 and sectoral investigations243
6.10The academic debate254
6.11The Consumer Council final report257
6.12The government's Response258
6.13Conclusion266
7Implementation of competition policy in Hong Kong 1997-2004: economising with the truth271
7.1Introduction271
7.2Government competition policy in action: the Policy Statement271
7.3The work of COMPAG272
7.4Debate and community criticism of Hong Kong's competition policy 1997-2004280
7.5Consumer Council activity since 1997284
7.6Further competition issues287
7.7Conclusions to be drawn from the competition debate292
7.8The political response to the competition debate: the 2000 bill297
7.9Conclusion300
8Electricity, telecommunication and broadcasting: competition regulation Hong Kong style301
8.1Introduction301
8.2Electricity303
8.3Telecommunication309
8.4Television broadcasting348
8.5Conclusion363
9Taiwan-the third China366
9.1Introduction366
9.2History and politics366
9.3The nature of Taiwan's democracy and institutions of government371
9.4The judicial system and the rule of law373
9.5Competence of executive government375
9.6Civil society in Taiwan375
9.7Economic development and structure376
9.8Adopting competition policy and law379
9.9Substantive provisions of the Fair Trade Law383
9.10The Fair Trade Commission390
9.11Private rights of action390
9.12Penalties under the Fair Trade Law391
9.13Fair Trade Commission: strategy and policy implementation 1992-2004392
9.14The Fair Trade Law and public sector enterprises395
9.15Enforcement capacity of the FTC397
9.16Investigations and adjudication398
9.17The process of policy formation and execution410
9.18Conclusion410
10Political economy: an explanation of competition policy in Greater China412
10.1Introduction412
10.2Political economy of Greater China412
10.3Economics and democracy415
10.4The hypothesis420
10.5Testing and validating the hypothesis425
10.6Interlocutors431
10.7Criticisms of the hypothesis432
10.8Conclusion435
11Competition policy and law in Greater China: where next?436
11.1Introduction436
11.2China436
11.3Hong Kong441
11.4Taiwan443
11.5Conclusion444
Bibliography445
Index456

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