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Antitrust and Trade Regulation Commons™
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Articles 1 - 9 of 9
Full-Text Articles in Antitrust and Trade Regulation
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown
Washington International Law Journal
“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these …
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen
University of Miami Business Law Review
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in the world, made the Article 95 reservation at the time they ratified the CISG, therefore restricting CISG’s applicability in certain situations. In 2013, China withdrew its Article 96 reservation, which declares its non-recognition of free form of contract formation, taking one step closer to the vast majority of …
Public Antitrust Enforcement Of Resale Price Maintenance In China: A Crusade Or Discrimination?, Jingmeng Cai
Public Antitrust Enforcement Of Resale Price Maintenance In China: A Crusade Or Discrimination?, Jingmeng Cai
Brooklyn Journal of International Law
In recent years, a growing number of international observers and companies have expressed concerns that China may be using its new antitrust laws to discriminate against multinational companies. China’s antitrust decisionmakers, however, have taken pains to deny such criticisms. This article focuses on Resale Price Maintenance (RPM) to argue that these concerns are not always based in reality. After examining almost all of the decisions made public regarding RPM by the Chinese antitrust agency, the National Development and Reform Commission (NDRC), this article analyzes the following three factors that have shaped how the NDRC enforces antitrust laws in China. First, …
Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels
Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels
Seattle University Law Review
It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Georgia Journal of International & Comparative Law
No abstract provided.
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
American University Law Review
No abstract provided.