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The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
List of contents
Caroline Cauffman and Qian Hao, Introduction.- David Gabathuler and Wouter Devroe, The European Union Competition Law Framework.- Qian Hao, An Overview of the Administrative Enforcement of China's Competition Law: Origin and Evolution.- Anca D. Chirita, Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers.- Adrian Emch, Wei Han and Clara Ingen-Housz, Merger Control in China - Procedural Rights.- Daniel Muheme, Norman Neyrinck and Nicolas Petit, Procedural Rights in EU Antitrust Proceedings.- Ling Dong, Procedural Rights in Competition Law Proceedings - Ex Post Proceedings.- Michael Albers, National Competition Laws, International Cooperation and Procedural Rights.- Caroline Cauffman and Qian Hao, Comparison of the EU and Chinese System of Procedural Rights.- Caroline Cauffman and Qian Hao, Conclusion.
Summary
The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
Additional text
“The editors top and tail this book, with an introduction setting out the relevant landscape, and explaining some of the complications of the area in both China and in the EU, a substantial and well-developed comparative analysis, and a conclusion. … this excellent contribution to the literature can be recommended to those interested in both, or either, of EU and Chinese competition law.” (Mark Furse, European Competition Law Review, Vol. 38 (2), 2017)
Report
"The editors top and tail this book, with an introduction setting out the relevant landscape, and explaining some of the complications of the area in both China and in the EU, a substantial and well-developed comparative analysis, and a conclusion. ... this excellent contribution to the literature can be recommended to those interested in both, or either, of EU and Chinese competition law." (Mark Furse, European Competition Law Review, Vol. 38 (2), 2017)
