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Full-Text Articles in Comparative and Foreign Law

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang Jan 1992

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …


A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su Jan 1992

A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su

LLM Theses and Essays

Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …


Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii Jan 1992

Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii

LLM Theses and Essays

American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …