国际商法英文案例选编7, Competition Law.pptVIP

Chapter Seven Competition Law Introduction Competition Means rivalry between two or more businesses striving for the same customer or market. arises extensively between two or more parties over their pursuit of?the same objective. Business is often associated with competition as most companies are in contest with other enterprises for a profit. Competition law Aims and purposes: Provides a framework for competitive behaviors to provide level playing ground Protects fair competition Competition law Regulates 3 common categories of behaviors competition-by-unfair-means (unfair competition), restrictive competition (restricting-competition) behaviors, and monopolistic (anti-competition) behaviors. Some Int’l treaties and conventions relating to competition Paris Convention, 1900-1925 TRIPS, 1994 the UN Set, 1980-2000 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions the WIPO Model Provisions, 1996 Section One Unfair Competition Law to restrain or prohibit both competition-by-unfair-means behaviors (“sharp practices” in the United States) and restricting-competition behaviors (“restrictive business practices” in the UN Set). Unfair Competition Law of the US The Clayton Act of 1914? The Robinson-Patman Act of 1936 (or Anti-Price Discrimination Act)? The Federal Trade Commission Act of 1914? The Foreign Corrupt Practices Act (FCPA) of 1977 Unfair Competition Law of the PRC the Anti-Unfair Competition Law (AUCL) of the PRC in 1993 on competition-by-unfair-means, on restrictive competition behaviors and On monopolistic behaviors. The UN Set The Set of Multilaterally?Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices adopted by the General Assembly in 1980, the subtitle “the United Nations Set?of Principles on Competition” was recommended in 2000 for reference. Case study Case: FTC v. BTV Industries Case on a “Bait-and-Switch” Case study questions: 1, What is a “