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China's Anti-Monopoly Law Relevant Market Definition Guidelines Emphasize Fact-Based Analysis

July 15, 2009

GLG Expert Contributor

China Issues Finalised Guidelines on Relevant Market Definition | www.mwechinalaw.com

China's Anti-Monopoly Law Relevant Market Definition Guidelines, which are dated May 24, 2009, and were released on July 7, 2009 by its State Council Anti-Monopoly Commission, will be applied by all 3 agencies charged with enforcing the Law.  With a few exceptions, determining the existence of a violation of the AML depends on identifying a market in which competition has been restrained.  The Guidelines are generally within the international antitrust mainstream and emphasize fact-based analysis, but have some distinctive aspects.  The short enforcement history of the AML thus far raises questions as to how the Guidelines will be followed in practice by MOFCOM, SAIC and NDRC.

China's Anti-Monopoly Law is about more than protecting competition or competitors.

July 13, 2009

GLG Expert Contributor

To Protect Competition or Competitors? Comments on Chinese Anti-Monopoly Law | webreprints.djreprints.com

China's Anti-Monopoly Law (AML), which because effective in 2008, is about more than protecting competition or competitors in the way these concepts iare used in American Antitrust.  Instead, the AML aims to instill a "competition culture" by reaching beyond the core offenses of private price fixing and monopolization.  Rather, the AML endorses competition in a way that aims to challenge the administrative monopolies that exist at the local and regional level.  By doing so, it aims to operate as an internal free trade agreement that could make China an even more efficient economic power.

Commercial Bribery Issues in China

July 13, 2009

GLG Expert Contributor

China Cracks Down Commercial Bribery to Make Medical Products More Affordable | www.mwe.com

How to manage the risks relating to commercial bribery in China?  It is important.

How to Define the Relevant Market under Chinese Anti-Monopoly Law?

July 13, 2009

GLG Expert Contributor

China Issues Finalised Guidelines on Relevant Market Definition | www.mwechinalaw.com

Does the Chinese government adopt the similar positions of the US and EU law?

Should Chinese Anti-Monopoly Law Protect Competition or Competitors?

July 13, 2009

GLG Expert Contributor

To Protect Competition or Competitors? Comments on Chinese Anti-Monopoly Law | webreprints.djreprints.com

Chinese Anti-Monopoly Law should protect competition or the greater welfare of consumers.  That said, Chinese Anti-Monopoly Law should not prioritize its task as protecting the interests and rights of small or medium-sized companies.

A Peculiar Commercial Bribery under Chinese Law.

July 13, 2009

GLG Expert Contributor

Double Exposure under China's Anti-Unfair Competition Law or Anti-Monopoly Law | www.mwechinalaw.com

In China, an exclusive dealing arrangement could constitute commercial bribery.

In the Absence of Vicodin and Percocet, Other Options Would Remain

July 12, 2009

GLG Expert Contributor

Doctors say an FDA ban on Vicodin and Percocet would limit their treatment options | www.palmbeachpost.com

O  The physicians quoted in this article appear not to know what other analgesic drug formulations are available -- including Vicoprofen (hydrocodone plus ibuprofen), codeine (both alone and in combinations), oxycodone, etc. O  Many patients would benefit from a ban on Vicodin and Percocet, at very little cost in convenience.

OCEANS, CO2 EMISSION AND "OCEAN PROTECTION 101"

July 12, 2009

GLG Expert Contributor

Copenhagen and the Oceans | www.guardian.co.uk

First of all,  this issue has nothing to do with “global warming” due to CO2 emission.  It is, however, based on similarly “precise” models ( e.g. the Club of Rome doomsday prediction.)  This time, even the premises  ( or inputs ) into the models varied wildly: From”…  25% CO2 emitted to  the atmosphere by human activities since the industrial revolution …” ( see   “Archive for the ‘Ocean Acidification’ Category “, Science Academies Aiming to Raise the Profile of Ocean Acidification,   June 2nd, 2009 ) to “…..about 40% of the extra CO2 entering the atmosphere due to human activity is being absorbed by natural carbon sinks, mostly by the oceans….”(  see  Catherine Brahic, “Climate myths: Human CO2 emissions are too tiny to matter,” New Scientist, 16 May 2007.) Secondly, CO2 is only water-soluble, when pressure is maintained. After pressure drops the CO2 gas will try to escape to air ( e.g.  opening the bottle of a soda water.)  

Sustainability in the Oceans

July 10, 2009

GLG Expert Contributor

Copenhagen and the Oceans | www.guardian.co.uk

Ocean Protection, Sustainability and Utilisation of policy on the road to Copenhagen

Martin Alpert, Vice President, Environmental Claims

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC What is a GLG Leader?|GLG Leaders are a separate tier of Council Members with a Council Rank in the top 5%. These GLG Member Program participants are eligible for ongoing, in-depth consultative relationships with GLG clients.

FDA:The Latest Regulation may greatly affect Pharmaceutical companies!

July 9, 2009

Doctors say an FDA ban on Vicodin and Percocet would limit their treatment options | www.palmbeachpost.com

If the FDA is allowed to ban Vicodin & Percocet Katie bar the door!

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