Procedural Rights in Competition Law in the EU and China

1. Front Matter

   Pages i-vii

   PDF

2. Introduction

   • Caroline Cauffman, Qian Hao

   Pages 1-5

3. The European Union Competition Law Framework

   • David Gabathuler, Wouter Devroe

   Pages 7-37

4. An Overview of the Administrative Enforcement of China’s Competition Law: Origin and Evolution

   • Qian Hao

   Pages 39-57

5. Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers

   • Anca D. Chirita

   Pages 59-99

6. Merger Control in China: Procedural Rights

   • Adrian Emch, Wei Han, Clara Ingen-Housz

   Pages 101-128

7. Procedural Rights in EU Antitrust Proceedings

   • Daniel Muheme, Norman Neyrinck, Nicolas Petit

   Pages 129-160

8. Procedural Rights in Competition Law Proceedings: Ex Post Proceedings

   • Ling Dong

   Pages 161-194

9. National Competition Laws, International Cooperation and Procedural Rights

   • Michael Albers

   Pages 195-221

10. Comparison of the EU and Chinese System of Procedural Rights

    • Caroline Cauffman, Qian Hao

    Pages 223-271

11. Conclusion

    • Caroline Cauffman, Qian Hao

    Pages 273-275

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.​

• Competition law
• Due process
• Infringment procedures
• Mergers
• Procedural rights
• European Union competition law framework
• Administrative enforcement
• Merger control
• EU antitrust proceedings
• National competition laws
• International cooperation

“The editors top and tail this book, with an introduction setting out the relevant landscape, and explaining some of the complications of the area in both China and in the EU, a substantial and well-developed comparative analysis, and a conclusion. … this excellent contribution to the literature can be recommended to those interested in both, or either, of EU and Chinese competition law.” (Mark Furse, European Competition Law Review, Vol. 38 (2), 2017)

• Faculty of Law, Maastricht University, Maastricht, The Netherlands

  Caroline Cauffman

• China University of Political Science an, School of Rule of Law and Government, BEIJING, China

  Qian Hao

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