Competition Policy And Law In China, Hong Kong And Taiwan

COMPETITION POLICY AND LAW IN CHINA, HONG KONG AND TAIWAN 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 relevent 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. MARK WILLIAMS is an Associate Professor of Law at Hong Kong Polytechnic University, where he teaches Hong Kong company and commercial law and Chinese commercial law. He has a special research interest in competition policy and law generally, and more specifically with regard to East Asia. He holds an LL B from the University of Bristol and an LL M and PhD from the University of London, King’s College. He is admitted as a solicitor in England and Wales and in Hong Kong. He has been European Union visiting lecturer in EC Law at Fudan University, Shanghai, as well as a visiting lecturer at East China University of Politics and Law, Shanghai; Peking University; Nanjing University, China and at Cardiff University Law School, UK. He has published widely on the subjects of Chinese commercial law and competition policy in Hong Kong. COMPETITION POLICY AND LAW IN CHINA, HONG KONG AND TAIWAN MARK WILLIAMS cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge cb2 2ru, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521836319 © Mark Williams 2005 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2005 isbn-13 isbn-10 978-0-511-13075-5 eBook (NetLibrary) 0-511-13075-9 eBook (NetLibrary) isbn-13 isbn-10 978-0-521-83631-9 hardback 0-521-83631-x hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. CONTENTS Preface xi Acknowledgements List of abbreviations 1 Introduction and methodology 1.1 1.2 1.3 1.4 1.5 1.6 2 xiv xvi 1 Scope of the book and a definition of China 1 Rat