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Full-Text Articles in Antitrust and Trade Regulation

China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao Feb 2022

China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao

Research Collection Yong Pung How School Of Law

China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.


The Inefficiency Of Quasi-Per Se Rules: Regulating Information Exchange In Eu And U.S. Antitrust Law, Kenneth Khoo, Jerrold Tsin Howe Soh Mar 2020

The Inefficiency Of Quasi-Per Se Rules: Regulating Information Exchange In Eu And U.S. Antitrust Law, Kenneth Khoo, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

It is well understood that the exchange of information between horizontal competitors can violate competition law provisions in both the European Union (EU) and the United States, namely, article 101 of the Treaty on the Functioning of the European Union and section 1 of the Sherman Act. However, despite ostensible similarities between EU and U.S. antitrust law concerning interfirm information exchange, substantial differences remain. In this article, we make a normative argument for the U.S. antitrust regime's approach, on the basis that the United States’ approach to information exchange is likely to be more efficient than the relevant approach under …


What Do Chinese Clients Want?, Ji Li, Wei Zhang Nov 2019

What Do Chinese Clients Want?, Ji Li, Wei Zhang

Research Collection Yong Pung How School Of Law

The world’s two largest economies are locked in an escalating trade war, and caught in the crossfire are hundreds of Chinese multinational companies (MNCs) that have made substantial U.S. investments. Facing heightened legal risks in a less hospitable environment, the Chinese MNCs increasingly depend on local lawyers. Yet, their purchase of U.S. legal service, a topic of both practical and theoretical importance, has received little attention. To fill the gap, this article empirically investigates how Chinese companies in the United States select their U.S. legal counsel. By analyzing a unique dataset, the article finds that Chinese MNC managers uniformly prioritize …


Bitcoins And Other Cryptocurrencies As Property?, Kelvin F. K. Low, Ernie G. S. Teo Oct 2017

Bitcoins And Other Cryptocurrencies As Property?, Kelvin F. K. Low, Ernie G. S. Teo

Research Collection Yong Pung How School Of Law

The hype over bitcoins and other cryptocurrencies has been compared to the tulip mania in seventeenth-century Netherlands. As they have gained popularity, the law has approached the subject warily, mostly from a regulatory perspective. However, there has been no comprehensive consideration of the fundamental nature of a cryptocurrency owner’s private law relation to his cryptocurrencies. Whether or not cryptocurrencies achieve mainstream adoption, this question will inevitably have to be addressed. This paper considers if bitcoins and other cryptocurrencies might be recognised as the subject of property rights by Commonwealth courts and if so, what such rights ought to entail. It …


Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen Sep 2017

Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or …


The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz Jan 2017

The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz

Research Collection Yong Pung How School Of Law

The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding …


Arresting The Fraud, Singapore Management University Aug 2014

Arresting The Fraud, Singapore Management University

Perspectives@SMU

Proper internal controls are important in fraud prevention


Report On Antitrust Implications Of Joint Industry Activities Under Price Controls, William W. Sadd, William E. Huth, John C. Cortesio, Howard Hunter Feb 1975

Report On Antitrust Implications Of Joint Industry Activities Under Price Controls, William W. Sadd, William E. Huth, John C. Cortesio, Howard Hunter

Research Collection Yong Pung How School Of Law

Pursuant to the authority of the Economic Stabilization Act of 1970, the nation has recently experienced "Phase IV" of a program of price controls. This statutory authority expired on April 30, 1974, except as to certain petroleum products. Phase IV, to a greater extent than the preceding three phases of controls, gave rise to a need and an opportunity for joint industry efforts to influence and guide governmental authorities in shaping pricing policies in the economy. This report, therefore, examines the legal basis for such joint industry activities within the purview of Section 1 of the Sherman Act. If authority …


The Abandonment Defense In Private Antitrust Conspiracy Cases, Howard Hunter Jan 1975

The Abandonment Defense In Private Antitrust Conspiracy Cases, Howard Hunter

Research Collection Yong Pung How School Of Law

The current unsettled state of the American economy has caused considerable comment about the purposes and effectiveness of the federal antitrust laws as economic regulatory statutes. Among government enforcers, the debates have been particularly acerbic. Trade journals have printed conflicting comments by representatives of a number of government regulatory agencies. Certain government representatives suggest that the regulatory agencies themselves have caused the development of anticompetitive practices while other enforcers and commentators have suggested that more government regulation of competition, or the sanctioning of greater industry cooperation rather than competition, would be beneficial to the economy.