Category: Antimonopoly law

Key Take-Aways from SAMR’s Triple Guidance on Antitrust Enforcement

Lin Yifu*

SAMR's Logo @ Hong Kong Competition ExchangeSAMR’s Logo ©️ Hong Kong Competition Exchange

On June 26, 2019, the State Administration for Market Regulation (hereinafter “SAMR”) promulgated three interim provisions in implementing Anti-Trust Law, all of which would come into effect on September 1, 2019.[1] Respectively, these new regulations[2] would govern three categories of monopolistic behaviors: monopoly agreements, abuse of dominant market position, and abuse of administrative power to exclude or restrict competition.

SAMR’s triple guidance on antitrust enforcement came against the backdrop of the “three-in-one” anti-trust law enforcement agency reform in 2018.[3] Against such background, SAMR aims to unify the fragmented tripartite enforcement scheme as existed previously where three separate agencies shared overlapped authorities.[4] These new regulations, as the … Read the rest

China’s Copyright Misuse Law Compared to US Law

Li Guangyu

INTRODUCTION

Copyright law is a mechanism of protecting economic and moral rights arising from creations of literature, arts, science, engineering and so on. In the mechanism, authors are granted exclusive rights, including but not limited to right to reproduce, right to distribute, right to reform, right to display publicly, right to perform by means of digital devices, right to authorize others to exercise above rights and so on. The goals of copyright law are to encourage creations of individuals, and to promote cultural creation and development of the entire society. The two goals do not always reconcile with each other. When a copyright holder seeks such protection that copyright law does not allow, various defenses against alleged infringements … Read the rest