Procedural Rights in Competition Law in the EU and China

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.

Provides a general introduction to EU and Chinese competition law Compares the rights of defendants in competition law infringement procedures in the EU and China Compares the procedural rights of merger parties in the EU and China Includes an English translation of the Chinese Antimonopoly Act as well as the relevant provisions of the Chinese Coercive Measures Act and the Chinese Administrative Reconsideration Act? ?

Inhalt

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.