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A Consumer Behavioral Approach to RPM
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Authors: Dr Thomas CHENG, The University of Hong Kong
A History of Competition: The Impact of Antitrust on Hong Kong's Telecommunications Markets
2019, 29 Fordham Intell. Prop. Media & Ent. L.J. 931 (2019)
"Hong Kong has only had cross-sector competition law since 2015, but the city’s telecommunications markets have been subject to sector-specific antitrust provisions for over two decades. The importance of nurturing an efficient, innovative, and competitive telecoms industry for Hong Kong’s economic prosperity was acknowledged already at the time the sector was liberalized in the 1990s. Yet until the late 2000s, the government vehemently opposed the adoption of competition law in virtually all ...
Interpretation and Application of Art.14 of the Anti-monopoly Law (反垄断法第十四条的文本解释与法律适用)
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Prof Guo discusses the divergence between competition authorities and the judiciary on the application of Article 14 of the Anti-Monopoly Law, ie vertical anti-competitive agreements. In cases relating to Resale Price Maintenance (RPM), the judiciary often adopts effect analysis while competition authorities argue that RPM should be deemed as illegal per se and it is thus not necessary to analyze its anti-competitive effect. Prof Guo considers the conflict results from conflicting interpretation ...
Authors: Prof GUO Zongjie, Jinan University
Should Companies be Allowed to Recover Competition Law Fines from their Directors/ Employees and D&O Insurers?
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Authors: Mr Kelvin Kwok, The University of Hong Kong
A Coat of Many Colors: Joint Ventures in International Merger Control
2018, Antitrust, Vol. 32, No. 2, Spring 2018, p.89-93
"Joint Ventures often raise complex merger control questions. Divergence in the treatment of joint ventures under competition laws around the world means that the jurisdictional assessment of the same transaction may be diametrically different. A sound knowledge of international merger control rules is crucial for identifying where a joint venture may trigger a merger filing and, where possible, for advising clients on possible structuring options to minimize the number of merger filings that ma ...
Authors: Ms Natalie YEUNG, Paddy Law
A Proposal for a Structural Remedy for Illegal Collusion
2018, Antitrust Law Journal, Vol. 82, No.1, 2018, p.335-359
"The good news is that competition authorities are regularly detecting and convicting cartels. The bad news is that competition authorities are regularly detecting and convicting cartels. That cartels continue to form is striking in light of the impressive list of advancements in enforcement in the last three decades. ...
An Empirical Study on the Implementation of the Fair Competition Review System - Sample of 59 Cases Published by the National Development and Reform Commission (公平竞争审查制度实施情况的实证研究 ──以国家发改委公布的59个审查案例为样本)
2018, Competition Policy Research, No. 4, 2018 (《竞争政策研究》,2018年第4期)
"As a new system of regulating administrative monopoly, the fair competition review system has been implemented nationwide for more than 22 months. The implementation of this system has both the benign effect of removing some restrictions and eliminating the competition policy measures, while there are also many deficiencies, including the lack of satisfactory effect of 'self-censorship', the insufficient application of the consultation mechanism and the third-party evaluation mechanism, and the ...
Analytical Paper on the Importance of Filing with MOFCOM – Recent Penalty Decisions for Failure to Notify
2018, 2018 ABA Conference: ‘Merger Control 101’ Panel
"When carrying out an assessment of where merger notifications in the context of a merger, acquisition or joint venture should be made, it is important to bear in mind the implications and potential penalties of implementing a transaction without clearance. In China, the Anti-Monopoly Bureau of the Ministry of Commerce in China ('MOFCOM') has been stepping up its enforcement actions against merging parties for failing to notify. ...
Leniency - From a Corporate Perspective
2018, ICN Cartel Working Group Webinar "Leniency Incentives and Disincentives", Oct 2018