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Chinese State Owned Enterprises And Eu Merger Control


Chinese State Owned Enterprises And Eu Merger Control
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Chinese State Owned Enterprises And Eu Merger Control


Chinese State Owned Enterprises And Eu Merger Control
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Author : Alexandr Svetlicinii
language : en
Publisher: Routledge
Release Date : 2020-12-13

Chinese State Owned Enterprises And Eu Merger Control written by Alexandr Svetlicinii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-13 with Business & Economics categories.


This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.



Chinese State Owned Enterprises And Eu Merger Control


Chinese State Owned Enterprises And Eu Merger Control
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Author : ALEXANDR. SVETLICINII
language : en
Publisher: Routledge
Release Date : 2022-08

Chinese State Owned Enterprises And Eu Merger Control written by ALEXANDR. SVETLICINII and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08 with categories.


This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.



Asian Yearbook Of International Economic Law 2022


Asian Yearbook Of International Economic Law 2022
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Author : Manjiao Chi
language : en
Publisher: Springer Nature
Release Date : 2022-07-29

Asian Yearbook Of International Economic Law 2022 written by Manjiao Chi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-29 with Law categories.


The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.



The Eu China Comprehensive Agreement On Investment


The Eu China Comprehensive Agreement On Investment
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Author : Alexandr Svetlicinii
language : en
Publisher: Springer Nature
Release Date : 2024-12-11

The Eu China Comprehensive Agreement On Investment written by Alexandr Svetlicinii and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-11 with Law categories.


This book discusses the major features of the EU-China Comprehensive Agreement on Investment (CAI) and its likely impact on investment liberalisation in China, Europe’s largest trading partner. The principal aim of the book is to evaluate the progress of the investment liberalisation efforts pursued by the negotiators of the CAI. Part I, “Geopolitical Origins and Negotiations of the EU-China Comprehensive Agreement on Investment”, examines the interests, motivations, and expectations of the parties during the negotiation process and following the agreement in principle on the CAI. Part II, “Substantive Issues of the EU-China Comprehensive Agreement on Investment”, considers specific focus areas that are critical for the mutual opening of the European and Chinese markets for foreign investors. Part III, “Dispute Resolution Mechanisms of the EU-China Comprehensive Agreement on Investment”, reviews the applicability and effectiveness of the available dispute settlement and treaty enforcement mechanisms provided for in the CAI including investor-state dispute settlement, state-to-state dispute settlement, and non-adversarial methods. The book offers a combination of theoretical perspectives that will be of interest to international economic law scholars and provides practical insights on how the CAI is likely to shape the investment landscape for European businesses in China.



Regulation Of State Controlled Enterprises


Regulation Of State Controlled Enterprises
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Author : Julien Chaisse
language : en
Publisher: Springer Nature
Release Date : 2022-08-25

Regulation Of State Controlled Enterprises written by Julien Chaisse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.


This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.



Weaponising Investments


Weaponising Investments
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date : 2023-11-06

Weaponising Investments written by Jens Hillebrand Pohl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-06 with Law categories.


This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.



China S Global Energy Expansion


China S Global Energy Expansion
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Author : Xiaohan Gong
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-03

China S Global Energy Expansion written by Xiaohan Gong and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-03 with Law categories.


Should Chinese energy investments be excluded from the liberal economic system based on geopolitical assessments only? This book explores the potential regulatory control by the Chinese government over foreign energy investments to achieve their perceived strategic objectives. Host states in which Chinese energy companies make investments have increasingly opposed Chinese energy investments in their national security reviews, based on concerns that these investments have strategic objectives. The book analyses China's investment-related law, regulations, and energy policies to examine how overseas energy investment-making is governed. The book also explores the role of the Chinese government in energy investment promotion and protection. Uniquely, the examination of China's potential regulatory control provides an objective criterion, rather than geopolitical considerations, for host states to assess the nature of Chinese energy investments. The book helps readers to open the 'black box' of Chinese energy investments from a regulatory perspective. It is a useful resource for researchers as well as practising lawyers assisting their Chinese clients through national security reviews, or when trying to determine whether China's SOEs can bring cases before investor-state arbitration tribunals.



Chinese Antitrust Exceptionalism


Chinese Antitrust Exceptionalism
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Author : Angela Zhang
language : en
Publisher: Oxford University Press
Release Date : 2021-02-08

Chinese Antitrust Exceptionalism written by Angela Zhang and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-08 with Law categories.


China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.



Chinese Merger Control Law


Chinese Merger Control Law
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Author : Tingting Weinreich-Zhao
language : en
Publisher: Springer
Release Date : 2014-11-19

Chinese Merger Control Law written by Tingting Weinreich-Zhao and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-19 with Law categories.


On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.



The European Union And China S Belt And Road


The European Union And China S Belt And Road
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Author : Vassilis Ntousas
language : en
Publisher: Routledge
Release Date : 2021-08-10

The European Union And China S Belt And Road written by Vassilis Ntousas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-10 with Political Science categories.


This book explores key elements of European Union (EU) engagement with the Belt Road Initiative (BRI), drawing on the expertise of leading practitioners and scholars of EU-China relations. Under the theme of discerning the BRI and its nexus with the EU, chapters examine the nature of the BRI as China’s approach to global governance and consider how BRI intersects with the EU as a very different regional integration project. Under the theme of BRI factors in EU law and policy, chapters examine the BRI as a factor in specific domains of EU law and policy, including investment, finance, the environment and the COVID-19 pandemic and consider EU responses. Under the theme of EU Member State experiences, chapters present a series of case studies of individual Member States, their engagement with the BRI and ongoing policy debates. This book will be of interest to scholars and students of International Relations, EU external relations, Chinese public policy and foreign relations, European studies and security studies as well as policymakers dealing with China in EU and Member State institutions.