Bureaucratic Politics behind the Rise of Antitrust

2021 ◽  
pp. 19-67
Author(s):  
Angela Huyue Zhang
Keyword(s):  
National Development ◽  
Bureaucratic Politics ◽  
Institutional Factors ◽  
Policy Control ◽  
The Law ◽  
Judicial Scrutiny ◽  
Antitrust Regulation

This chapter discusses the bureaucratic politics behind the rise of Chinese antitrust regulation. Chinese antitrust agencies are seldom subject to judicial scrutiny, and as a result, have monopolized the administrative enforcement of the Anti-Monopoly Law (AML). The severe sanctions that can be imposed under the AML give high-powered incentives to both government enforcers who want to expand their policy control and businesses who wish to use the law strategically to sabotage rivals. Moreover, the three former Chinese antitrust agencies were not assembled from scratch but were pre-existing departments within large central ministries. Naturally, the bureaucratic mission, culture, and structure of each of these agencies had shaped their enforcement agendas. Much of the discussion revolves around the National Development and Reform Commission (NDRC), as the agency stood out as the most aggressive institution among the three former agencies. Its rich record of enforcement also allows one to assess the link between these institutional factors and the pattern of enforcement. In 2018, the three agencies were merged into a single bureau under a newly created central ministry. The chapter then elaborates on the continuing challenges faced by this new agency, including the bureaucratic hierarchy, the power fragmentation, and the regional inertia.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

scholarly journals Russian intellectual immunities under the Eurasian Economic Union

2019 ◽  
pp. 22-27
Author(s):  
E. A. Kuznetsova ◽  
M. Yu. Kot
Keyword(s):  
Intellectual Property ◽  
Russian Market ◽  
Eurasian Economic Union ◽  
Antitrust Laws ◽  
Assessment Techniques ◽  
Economic Union ◽  
The Law ◽  
Antitrust Regulation

The problem of the abolishment of “intellectual immunities” has remained relevant for many years. According to Russia’s Federal Antimonopoly Service, the lack of antitrust control over the disposal of exclusive rights makes the Russian market vulnerable before foreign holders of intellectual rights. In fact, the regulator is entitled to impose antitrust restrictions on exclusive rights. This power is expressly stipulated by the Treaty on the Eurasian Economic Union, which still provides for “intellectual immunities” for foreign holders of intellectual rights. Therefore, the removal of these immunities from the law is a prerequisite for improvement of the antitrust regulation, which must be followed by systemic modification of the antitrust laws, in the first place, by expansion of competition assessment techniques in the field of intellectual property and by setting boundaries in respect of antitrust control, preserving the powers conferred on holders of intellectual rights.

Chinese Antitrust Exceptionalism

2021 ◽  
Author(s):  
Angela Huyue Zhang
Keyword(s):  
Multinational Companies ◽  
Institutional Factors ◽  
Economic Order ◽  
Market Failures ◽  
Cautionary Tale ◽  
Doing Business ◽  
Foreign Countries ◽  
Business In China ◽  
Antitrust Regulation ◽  
Western Democracies

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.

Running a Family

2020 ◽  
pp. 39-52
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Family Life ◽  
Institutional Factors ◽  
Observation Data ◽  
The Social ◽  
Seeking Help ◽  
The Law ◽  
Kin Networks

Chapter 3 details why so many women wished to remain with their abusers and how it was they started moving toward the law despite their best efforts. Using interview and observation data, the author describes how women initially wished to avoid the law. They tried to “run a family” (sansar calano): work things out, make the violence stop, have a peaceful family life with people who had abused them. This chapter asks what it means to “run a family” and examines the social and institutional factors that shape women’s desires. It then goes on to show how, despite their commitments, in the process of seeking help women became enmeshed in kin networks that pushed them toward legal engagements.

scholarly journals KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM

2018 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Anita Kamilah
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Third Parties ◽  
Economic Activities ◽  
Community Effort ◽  
The Law ◽  
Fiduciary Relationships ◽  
The Government ◽  
To Come ◽  
The Right

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.

scholarly journals PERAN DAN IMPLEMENTASI HUKUM DALAM MEMBERIKAN KEPASTIAN JAMINAN SOSIAL BAGI PEKERJA SEKTOR INFORMAL

2019 ◽  
Vol 2 (2) ◽  
pp. 147-158
Author(s):  
Wandi Subroto
Keyword(s):  
Social Security ◽  
Informal Sector ◽  
Qualitative Method ◽  
Sampling Technique ◽  
Institutional Factors ◽  
Equal Distribution ◽  
Secondary Sources ◽  
The Law ◽  
The City ◽  
Selection Of

The purpose of this study is to analyze the role and implementation of the law in providing social security certainty for informal sector workers. This study uses a juridical-normative method. The types of legal sources used in this study are secondary sources of law which are discussed using a sociological perspective. The analysis and writing was done by qualitative method. Data was collected through interview techniques, giving questionnaires, and literature studies. The number of respondents in this study were 50 people who worked in the informal sector in the city of Palembang. The selection of respondents was done by purposive sampling technique. Based on the analysis of legal materials and sociological analysis, it can be concluded that the law protects social welfare through Law no. 40 of 2004 states that the National Social Security System adheres to the principle of compulsory participation for all residents in Indonesia. In the implementation of this policy, the informal sector is still experiencing several obstacles, including educational factors, economic factors and institutional factors so that the level of worker participation tends to be minimal and there is no equal distribution.

scholarly journals “If the People Do Not Raise the Issue, the Officials Will Not Investigate”: Moral Citizenship among China’s Fake-Fighters

2019 ◽  
Vol 48 (3) ◽  
pp. 360-380
Author(s):  
Erika Kuever
Keyword(s):  
Consumer Protection ◽  
National Development ◽  
Legal Knowledge ◽  
The People ◽  
Fiscal Incentive ◽  
Moral Citizenship ◽  
The Law ◽  
The Government ◽  
Party State

Are China’s fake-fighters (打假, dajia) heroic consumer activists or morally dubious profit-seekers? Do they make the marketplace safer for ordinary consumers by using the law to “fight” fake, dangerous and falsely advertised goods, or benefit only themselves through the exploitation of legal loopholes? Since the 1994 Consumer Protection Law introduced a fiscal incentive that made fake-fighting a viable career, its practitioners have struggled to define their work against these stereotypical characterisations. In this empirical article, I show that fake-fighters reject criticisms of their motivations while at the same time avoiding censure by party-state authorities wary of activism couched in terms of rights by framing their work as a practice of moral citizenship. Fake-fighters believe it is their responsibility to highlight potential dangers in the marketplace, disseminate legal knowledge, and, crucially, prompt the government to enforce pre-existing laws to better protect consumers and advance national development.

Harmonization of domestic and international practice for financial monitoring of the primary link of its implementation

2021 ◽  
Vol 2021 (7) ◽  
pp. 93-107
Author(s):  
Svitlana LEVITSKA ◽  
◽  
Olga OSADCHA ◽  
Keyword(s):  
Negative Impact ◽  
National Development ◽  
Cash Flows ◽  
Entrepreneurial Activity ◽  
Impact Factors ◽  
Audit Firms ◽  
Use Of Services ◽  
The Law ◽  
Financial Monitoring ◽  
Financial Transactions

The purpose of this study is both to summarize negative impact factors on cash flows legalization based on international and domestic practice of financial monitoring in the area of entrepreneurial activity and to determine effective measures directed at sustainable socio-economic national development of Ukraine. The main legislative rules, norms and principles of financial monitoring implementation by domestic economic entities, conceptual definitions of the Law of Ukraine 361-IX , objects and subjects of initial financial monitoring, criterias of the international practice of financial transactions monitoring are generalized. The role of current o361-IX in the systemic fight against money laundering risks by domestic entities is revealed. The need is substantiated for both thorough identification and verification of such risks based on the results of asset transactions defined by the law as “objects of financial monitoring” and search for complete and reliable information on the final beneficiary of initial financial monitoring subject. Alternative approaches to the internal regulatory development and working documents have been proposed for the initial financial monitoring subjects (on the example of audit firms) in order to ensure their financial monitoring consistency and full disclosure of obtained results. Initial financial monitoring subjects, guided by provisions of Law 361-IX , must have a number of internal administrative documents that take into account the nature and scale of transactions with counterparties/clients. Mandatory internal documents for initial financial monitoring subjects specify: financial monitoring rules, primary financial monitoring programs and other internal financial monitoring documents, documentation of personnel procedures for the responsible employee appointment and his powers, rights and responsibilities. These internal documents should contain procedures that ensure effective risk management, as well as prevent the use of services (goods, products) for the initial financial monitoring subject in order to legalize illicit income. The reward is the confidence that activities of initial financial monitoring subjects have become another foundation in national socio-economic development.

Bureaucratic Politics in Israel

2018 ◽  
Author(s):  
Sharon Gilad ◽  
Nissim Cohen
Keyword(s):  
Prime Minister ◽  
Bureaucratic Politics ◽  
Institutional Factors ◽  
Veto Players ◽  
Coalition Government ◽  
Finance Minister ◽  
Legal Provisions ◽  
Political Motivation ◽  
Power Game ◽  
Ministry Of Finance

Studies of the Israeli public sector point to the vast influence of the Ministry of Finance (MOF) across multiple policy domains. This chapter combines bureaucratic politics research and the notion of veto players to theorize a two-tiered power game between bureaucratic and political players. It argues that the policy influence of bureaucracies is shaped by stable institutional factors and by the extent to which powerful politicians are inclined to intervene. In Israel, legal provisions vest the MOF with an institutional advantage over other bureaus and their ministers. Yet the MOF’s ability to exploit its advantaged position is contingent upon the joint propensity of the prime minister (PM) and the finance minister (FM) to forgo intervention. The chapter associates the PM’s and FM’s inclination to support the MOF with their political motivation to maintain their grip on the agenda of an increasingly fragmented coalition government. Thus, the MOF’s supremacy is reliant upon, and underpins, political power.

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