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1223 September 2008
by Liza Carver, Gina Cass-Gottlieb, Simon Snow, Nick Taylor, Luke Woodward
On 28 April 2008 the Rudd government announced several proposed amendments to the provisions of the Trade Practices Act 1974 (the Act) governing predatory pricing, misuse of market power and unconscionable conduct. These and other recently proposed amendments are briefly outlined in this update.
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1123 September 2008
by Liza Carver, Gina Cass-Gottlieb, Simon Snow, Nick Taylor, Luke Woodward, Graeme Edgerton
Almost 5 years after criminal sanctions for serious cartel behaviour were recommended by the Dawson Committee, the new Federal Government has this year released an exposure draft of legislation (Draft Bill) that would provide criminal sanctions for cartel conduct engaged in 'with the intention of dishonestly obtaining a benefit'. Clearly, good risk management and compliance strategies will be more important than ever.
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6001 July 2008
By Angie Ng, Ding Liang and Peter Waters
The interaction of intellectual property rights (IPR) with competition law is a complex and contentious issue. This article compares the approaches in the US, Australia, Singapore, the EU and Canada with China's new Anti-Monopoly Law (AML). -
5801 April 2008
By Ding Liang
As China is a fairly young competition regime, there are few competition precedent cases regarding the validity of non-compete clauses. Further, we note that there are no guidelines or regulations accompanying the Anti-Monopoly Law (the "AML") . Thus, this article will only explore the possibility of the treatment of non-compete clauses under the AML. It will be subject to further revision after detailed guidelines are issued.
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5901 November 2007
By Susan Ning & Ding Liang
On one hand, the AML bears some unique Chinese characteristics. For instance, Article 4 of the AML provides, “the State shall make and implement competition rules suitable for the socialist market economy, perfect the macro control, and improve a united, open, competitive and well-ordered market system.”
On the other hand, EC and U.S. law had a considerable influence on the formation of the AML. For instance, Article 9 of Regulation (EC) No 1/2003 provides for formal settlements of investigations by the EC into suspected infringements of Articles 81 or 82 of the EC Treaty.