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,Click to edit Master title style,*,JUFE Yu Ling,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,JUFE Yu Ling,Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,JUFE Yu Ling,Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,1,Part 2,Antimonopoly Law:Chinese Perspective,1Part 2,2,Introduction,“The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade.”,Northern Pacific Railway Co.v.United States,356 U.S.1,4-5(1958),2Introduction“The Sherman Act,Learning Objectives,(1)Depict the,definition,the objectives and the framework of AML,(2)Expound 3 different types of monopolistic conducts,(3)Explain how to apply judicial doctrines about antimonopoly behaviors,(4)Differ reasonable competition from monopolistic conducts,(5)Discuss the objectives of AML,(6)Activity:How to brief a case?,Learning Objectives(1)Depict,4,Content,1.,The,definition,the objectives and the framework of AML,2.Monopoly Agreements,3.Abuse of Dominant Market Position,4.Concentration of Business Operators,5.How to investigate suspicious monopolistic conducts?,6.Legal Liabilities,4Content1.The definition,the,5,Chapter 3,The D,efinition,the Objectives and the Framework of AML,5Chapter 3,1.The,definition,of AML,1.1 It is law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies.,1.2 It is known as,antitrust law in the United States,fair trading act in Korea,Japan,Taiwan,anti-monopoly law in China and Russia,in previous years it has been known as trade practices law in the United Kingdom and Australia.,6,1.The definition of AML1.1 I,1.3 China Competition law,In the broad sense,，,China competition law includes 4 parts,whereas competition law often be used in a narrow sense,which only includes Antimonopoly Law and Law Against Unfair Competition.,7,1.3 China Competition lawIn th,1.3 China Competition law,Competition,law,Anti-,monopoly,Law,Law,Against,Unfair,Competition,Consumer,Protection,Act,Product,Quality,Law,1.3 China Competition lawCompe,1.4 History of China Legislation,(1)It is commonly recognized that the legislation of the anti-monopoly law in China initiated since August 1987.But,(2)30 August 2007,the 10th NPC(National Peoples Congress)Standing Committee passed and promulgated the AML.,(3)1 August 2008,the AML was put into enforcement.,9,1.4 History of China Legislati,Question,AML post-term birth:What are the main obstacles?,10,QuestionAML post-term birth:W,2.The objectives of AML,Article 1 This Law is enacted for the purpose of preventing and curbing monopolistic conducts,protecting fair market competition,enhancing economic efficiency,maintaining the consumer interests and the public interests,and promoting the healthy development of socialist market economy.,11,2.The objectives of AMLArti,Class Discussion,What is the objective of EC?,What is the objective of US.A?,consumer interests,Competition order,12,Class DiscussionWhat is the ob,Activity:Case Study,Activity:Case Study,Virgin Atlantic Airways Cases,Virgin against British Airways loyalty rebate schemes which effectively tie travel agents to British Airways,discouraging the travel agents from selling tickets for other airlines.,Virgin Atlantic Airways Cases,The Commission decision Virgin Wins.,The Commission found that both BA performance bonus schemes,amounted to an abuse of its dominant position,by rewarding loyalty from travel agents and by discriminating between travel agents with the object and effect of excluding BAs competitors from the UK market for air transport.,In consequence,the Commission imposed a fine of 6.8,million,in 1999.,The Commission decision Virgi,Cf.,In EU:Virgin Wins.,EU:the Commission concern with protecting competition,not competitors.,U.S.:Virgin lost.,US:the Court concerns with protecting,consumer,welfare,not competitors.,Cf.In EU:Virgin Wins.,3.The sources and framework of AML,3.1 Anti-monopoly statutes can be unclear,thereby requiring the authorities and the courts to determine what really constitutes antitrust law.,Question:,Can u list the sources of China AML?,17,3.The sources and framework,3.The sources and framework of AML,3.2 The sources of China AML,“AML”refers to antitrust statutes,enforcement guidelines by the authorities,and,the interpretation of these statutes by the courts.,Guidelines on Relevant Market Definition by State Council,NDRC,MOFCOME,18,3.The sources and framework,3.3 The framework of AML,Chapter I General Provisions,Chapter II Monopoly Agreements,Chapter III Abuse of Dominant Market Position,Chapter IV Concentration of Business Operators,Chapter V Abuse of Administrative Power to Eliminate or Restrict Competition,Chapter VI Investigation into Suspicious Monopolistic Conducts,Chapter VII Legal Liabilities,Chapter VIII Supplementary
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