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Antitrust Litigation in China
The PRC Anti-monopoly Law ("AML") became effective on August 1, 2008. Several civil and administrative cases have been filed since the implementation of the law. As the implementing regulations are yet to be issued, how the AML will be applied in these cases remains unclear. This article will discuss some of the issues many leading multinational companies in various industries are interested, such as the scope of the right to file a private antitrust litigation and which courts have jurisdiction over these litigations.
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Emissions Trading Legislation in China: Applying Market Principles to Solve the Looming Environmental Dilemma
As the world's second largest greenhouse gas emitter, China's efforts to effectively regulate its emissions are key to the success of the Kyoto Protocol. One concept that has gained traction within the last decade is the application of market principles in order to minimize the potentially crippling effects of regulations. The result is an emissions permit trading mechanism that allocates emissions rights to the highest bidder. However, such a system must be harmonized within existing legislation so that these new forms of property right are adequately recognized and regulated by China's laws.
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Guarding State-owned Assets — the PRC Enterprise State-owned Assets Law
Protecting China's state-owned enterprises while guiding them through a complex process of reform has been a perennially heated topic for many years, both domestically and abroad. The promulgation of the PRC Enterprise State-owned Assets Law marks yet another chapter in this ever-changing storyline. While the resulting reverberations (if any) of the new law remain to be seen, its current significance seems to be in restating a number of current regulations in order to bring them up to the legislative level. Our closer examination offers revealing details about future directions for this uniquely significant corner of China's legal system.
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Attorney-client Privilege: Is this Privilege Extended to Foreign Lawyers in China?
Attorney-client privilege does not exist under Chinese law. Chinese courts can compel attorneys to disclose communication with their clients. However, amendments to the PRC Lawyer's Law are beginning to implement the underlying concept of attorney-client privilege. Therefore, there is hope that at some point in the future attorney-client communication will be completely protected under PRC law.