Chinese Antitrust Exceptionalism

Author(s):  
Angela Huyue Zhang

This book explores the clash between antitrust, a body of law originally designed to address market failures in western democracies, and China, an economic superpower under authoritarian control. It analyses two simultaneous sources of conflict. The first is the significant challenges Chinese antitrust regulation poses to foreign multinational companies doing business in China. The second is the tremendous difficulties Chinese firms face in complying with antitrust rules in foreign countries. Ultimately, the book offers a cautionary tale of the challenges globalization poses to law and economic order by showing that the conflicts observed today are deeply rooted in institutional factors, both political and economic.

2018 ◽  
Vol 1 (1) ◽  
pp. 52 ◽  
Author(s):  
Mohamed Tareq Hossain ◽  
Zubair Hassan ◽  
Sumaiya Shafiq ◽  
Abdul Basit

This study investigates the impact of Ease of Doing Business on Inward FDI over the period from 2011 to 2015 across the globe. This study measures ease of doing business using starting a business, getting credit, registering property, paying taxes and enforcing contracts. The research used a sample of 177 countries from 190 countries listed in World Bank. Least square regression model via E-views software used to examine causal relationship. The study found that ease of doing business indicators ‘Enforcing Contracts’ was found to have a positive significant impact on Inward FDI. Nevertheless, ‘Getting Credit’ and ‘Registering Property’ were found to have a negative significant impact on Inward FDI. However, ‘Starting a Business’ and ‘Paying Taxes’ have no significant impact on Inward FDI in the studied timeframe of this research. The findings of the study suggested the ease of doing business enables inward FDI through better contract enforcements, getting credit and registering property. The findings of the research will assist international managers and companies to know the importance of ease of doing business when investing in foreign countries through FDI.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lester Ross ◽  
Kenneth Zhou

Purpose To describe and analyze the implications of the new Measures (the “Measures”) for Cybersecurity Review jointly promulgated on April 27, 2020 by twelve Chinese government departments led by the Cyberspace Administration of China (CAC). Design/methodology/approach Defines the scope of the Measures, explains the functions and obligations of critical information infrastructure operators (each, a CIIO), outlines the self-assessment and cybersecurity review process and discusses the implications of the Measures for foreign companies doing business in China. Findings The Measures impose an obligation on CII operators to apply for a cybersecurity review when they intend to procure network products and services that present or may present a national security concern. Such review will focus not only on national security and data leakage concerns, but also on supply-chain security concerns. The cybersecurity review will likely further the decoupling between China and the US. Practical implications While the Measures are not formally intended to discriminate against foreign products and services, the promulgation of the Measures will have a significant impact on foreign companies that supply network products or services to CII operators in China. Originality/value Practical guidance from lawyers with extensive experience in advising Chinese, US, European and other companies on laws and regulations related to competition, cross-border investments, joint ventures, strategic alliances and international trade matters.


2011 ◽  
Vol 7 (1) ◽  
Author(s):  
Jack Ethridge ◽  
Treba Marsh ◽  
Esther Bunn

Planning and conducting the audit of financial statements involves understanding the entity and the environment in which it operates.  First and foremost this requires identifying the risks faced by the entity.  Identifying these risks can be a complex and difficult task since the auditor needs to not only understand the entity’s risk process but also independently understand the risks facing the firm.  Tackling this task will involve a comprehensive review of the external and internal factors affecting the business.  It is possible many identified business risks are related to financial reporting risk and ultimately to audit risk.  Therefore, the auditor must understand the linkage between risks, controls and the audit.  The objective of this paper is to examine the risks faced by U.S. companies conducting business in China.  This paper attempts to identify a wide array of risks faced by U.S. companies to demonstrate how important it is for the company and the auditor to understand the business environment.


2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).


2021 ◽  
Vol 29 (2) ◽  
pp. 238-252
Author(s):  
Yulia A. Konovalova ◽  
Verity-Alexia Liongo Monkisheme ◽  
Stepan A. Ushanov

Article is dedicated to the determination of key features of the United States participation in the international capital movement on the example of FDI outflows and inflows, and confirmation of its heterogeneous nature. Tax reform that has been implemented in the end of 2017 led to the result when USA was deleted of the list of TOP-20 world investors of 2018 (by UNCTAD). The scientific opinion and fears were connected with the forecasts that the tax reform could change the movement of FDI flows back to the USA from foreign countries, especially, and the countries with the low taxes and the most favorable investment regimes. At the same time, it needs to underline that the analysis of U.S. FDI inflows and outflows showed that the negative indicator of U.S. FDI outflow (export) in 2018-2019 was connected with the repatriation of U.S. holding companies profits, that were doing business in countries with the most favorable tax and investment regimes. The authors tried to investigate the nature of the American holdings role and the integration of U.S. in to the global system of FDI and capital movement.


2010 ◽  
Vol 4 (1) ◽  
pp. 37-56 ◽  
Author(s):  
Diego Quer ◽  
Enrique Claver ◽  
Laura Rienda

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