Competition Policy and Law in China, Hong Kong and Taiwan by Mark Williams

By Mark Williams

This ebook comprehensively examines pageant coverage and legislation in higher China--the People's Republic, Hong Kong, and Taiwan. The evolution of pro-competition guidelines in every one jurisdiction is traced within the context of foreign advancements in pageant coverage adoption through constructing and transitional economies in addition to the advocacy of festival adoption by means of the subsequent foreign agencies- WTO, OECD, UNCTAD, the area financial institution and the IMF. A theoretical clarification of the saw advancements concludes that profitable pageant coverage adoption is not going to be successful, and not using a functioning democratic process.

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Licences to operate are readily available and the purchase of wholesale circuit capacity from infrastructure owners with excess capacity ensures that the large operators are constantly harassed by the gnat bites of small, transient, competitors. Yet another formula is that of ‘effective competition’. 9 Effective competition embodies the notion that the objectives of competition policy and the enforcement authorities is to ensure that market players are subject to a reasonable degree of competitive pressure either from other market players or consumers or both.

On the other hand, Hong Kong, a sine qua non for ‘red in tooth and claw’ capitalism, denies the utility of government intervention to protect competition. This situation called for an investigation to discover what factors lead to these diametrically opposed policy decisions. A legitimate question arose as to whether they can be explained as rational policy choices or whether there are ulterior political or economic motives that drive policy formation. In any event, one needs to question prospectively whether a pro-competition policy or law would actually be effective in either China or Hong Kong.

I am indebted to M. R. Walters not only for her enthusiasm for methodology but also for alerting me to the precepts of grounded theory that have been adopted here and for her assistance in adapting the Corbin/Strauss approach to fit legal research of the type undertaken here. Her thesis is entitled ‘Institutional economics of corporate real estate management; a case study of Hong Kong Telecom’, University of Hong Kong Library (2002). Barney G. Glasser and Anselm Strauss, The discovery of grounded theory: strategies for qualitative research, New York: Aldine Publ.

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