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Full-Text Articles in Antitrust and Trade Regulation
Introduction Of Competition And Environmental Regulation In The Electricity Sector In Hong Kong, Thomas K. Cheng
Introduction Of Competition And Environmental Regulation In The Electricity Sector In Hong Kong, Thomas K. Cheng
Thomas K. Cheng
This article explores both the competition and the environmental aspects of the electricity sector in Hong Kong, and a possible linkage between them.There has been considerable public pressure to liberalize the electricity sector in Hong Kong due to longstanding discontent with the persistently high profit of the sector and a regulatory structure that is widely perceived to be ineffective. In light of the government’s seeming reluctance to pursue liberalization, this article examines an alternative approach – litigation under the recently adopted Competition Ordinance. It assesses the likelihood of success of the strategy and its potential shortfalls. The article proceeds to …
Putting Innovation Incentives Back In The Patent-Antitrust Interface, Thomas K. Cheng
Putting Innovation Incentives Back In The Patent-Antitrust Interface, Thomas K. Cheng
Thomas K. Cheng
This Article proposes a new approach, the constrained maximization approach, to the patent-antitrust interface. It advocates a return to the utilitarian premise of the patent system, which posits that innovation incentives are preserved so long as the costs of innovation are recovered. While this premise is widely accepted, it is seldom applied by the courts in patent-antitrust cases. The result is that courts and commentators have been overly deferential to dynamic efficiency arguments in defense of patent exploitation practices, and have failed to scrutinize the extent to which patentee reward is genuinely essential to generating innovation incentives. Under the constrained …
A Developmental Approach To The Patent-Antitrust Interface, Thomas K. Cheng
A Developmental Approach To The Patent-Antitrust Interface, Thomas K. Cheng
Thomas K. Cheng
This Article proposes a set of guiding principles for approaching the patent-antitrust interface in developing countries. Based on the notion that antitrust doctrines need to be adjusted to reflect the local economic circumstances, this Article argues that any credible approach to the patent-antitrust interface in developing countries must incorporate development considerations. It proposes a set of guiding principles that takes into account a wide range of factors, including the need to provide innovation incentives, the need to facilitate domestic imitation, the need to protect domestic consumer welfare, and the need to safeguard access to basic necessities. With the support of …
Convergence And Its Discontents: A Reconsideration Of The Merits Of Convergence Of Global Competition Law, Thomas K. Cheng
Convergence And Its Discontents: A Reconsideration Of The Merits Of Convergence Of Global Competition Law, Thomas K. Cheng
Thomas K. Cheng
This Article examines the recent phenomenon of the convergence of competition law regimes across the globe. The increasing harmonization of competition law, at both the procedural and substantive levels, has been widely discussed and applauded in recent years. This Article casts doubt on the conventional wisdom that convergence necessarily constitutes a positive development in global competition law. After analyzing the causes of the phenomenon, this Article argues that there should be limits to the pursuit of convergence. First, the costs of convergence should not be overlooked. The most important of such costs is the loss of national regulatory prerogative. Second, …
Competition Law Enforcement In The Television Broadcasting Sector In Hong Kong: Past Cases And Recent Controversies, Thomas K. Cheng
Competition Law Enforcement In The Television Broadcasting Sector In Hong Kong: Past Cases And Recent Controversies, Thomas K. Cheng
Thomas K. Cheng
This article reviews the competition law regime in the television broadcasting sector in Hong Kong. This regime governs one of the only two sectors in Hong Kong subject to competition law enforcement until the government promulgates a cross-sector competition law. The article begins with an overview of the state of competition in the sector, highlighting trends in recent development that are relevant to competition law enforcement. This is followed by an examination of the two main competition provisions in the Broadcasting Ordinance and the guidelines issued by the Broadcasting Authority, the sectoral regulator. It argues that one of the greatest …
Striking A Balance Between Competition Law Enforcement And Patent Policy: A Developing Country's Perspective, Thomas K. Cheng
Striking A Balance Between Competition Law Enforcement And Patent Policy: A Developing Country's Perspective, Thomas K. Cheng
Thomas K. Cheng
This book chapter examines the tension between competition law enforcement and patent policy in developing countries. Based on the framework proposed by Louis Kaplow in an article in the early 1980s, this book chapter suggests how developing countries should balance consumer welfare against the need to provide incentives to innovate. The book chapter argues that the balance depends on the developing country at issue, in particular on that country's capacity to innovate. For those developing countries with little capacity to innovate, this book chapter suggests that the balance should be tilted towards competition law enforcement. The degree of patent protection …
A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng
A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng
Thomas K. Cheng
Competition law has seen very active development in Asia in recent years. Ironically, Hong Kong and Singapore, as two of the freest and most competitive economies in the region, long held a skeptical attitude towards competition law. Singapore enacted its first cross-sector competition law in 2004, some say only due to American pressure. For years, the Hong Kong government defended its sectoral model and insisted that the city had no need for a cross-sector competition law. However, that obstinate attitude shifted in March 2007, when the government announced that Hong Kong would follow Singapore's footsteps. Until the new law is …