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3 results

  • 13 - What Role for Private Enforcement in EU Competition Law?

  • from Part I - General Chapters
  • Edited by Tihamer Tóth
  • Book:
    The Cambridge Handbook of Competition Law Sanctions
    Published online:
    29 July 2022
    Print publication:
    23 June 2022, pp 218-229

  • Summary

    This chapter is a scholarly attempt to identify the purpose of private enforcement in EU competition law. Section 2 presents US antitrust law as the model where deterrence has a predominant role in private enforcement and which has served as a source of inspiration but not a role model for EU competition law. Section 3 presents the purpose-setting of EU competition law at the intersections of three aims: effective remedy in terms of in integrum restitutio, fundamental rights and public policy. Section 4 defines the limits of private enforcement’s deterrent function in EU competition law. The chapter’s central argument is that while private enforcement has multiple purposes in EU competition law, it represents an idiosyncratic compromise between policy-oriented deterrence and the traditional notions of civil law (full compensation, prohibition of unjust enrichment). It is demonstrated that while serving a public policy purpose and making use of the grey zone between compensatory and super-compensatory damages, EU “private competition law” does not go beyond that and remains within the confines of “compensation”. The fact that it is the deterrent side-effects that make private enforcement relevant for EU competition law and subject to special legislative attention does not call into question its compensation-oriented DNA.

  • 9 - Policy and Strategic Options for Governments and Firms in the Democracies

  • from Part III - China, Inc.’s Achilles’ Heel and the World’s Response
  • Shaomin Li, Old Dominion University, Virginia
  • Book:
    The Rise of China, Inc.
    Published online:
    06 January 2022
    Print publication:
    27 January 2022, pp 254-277

  • Summary

    Compared to Nazi Germany and the Soviet Union, China presents an entirely new challenge to the democracies because it is closely intertwined with the latter economically and socially. The CCP’s increasingly dictatorial turn cannot be explained by Xi Jinping’s personality, but the CCP’s logical development. The only way for the democracies to effectively protect themselves from, and counter, the CCP’s expansion is to form an alliance and take collective actions to demand that the CCP make meaningful changes toward respecting human rights, the rule of law, and fair and open markets. To be effective, the democracies should adopt a “tit for tat, delink-ready” strategy in pushing the CCP to make desired changes. Collectively, the major democracies have more bargaining power than the CCP, and thus should stand firm on their demands from the CCP. For MNCs, the book offers several tips to help them in formulating China-related strategies based on the perspectives of China, Inc. and China’s reliance on the relation-based system. For management scholars, the book opens new research areas in the theory of the firm, institutional theory, and other theoretical issues.

  • THE DILEMMA OF CRITICISM: DISENTANGLING THE DETERMINANTS OF MEDIA CENSORSHIP IN CHINA

  • Li Shao
  • Journal:
    Journal of East Asian Studies / Volume 18 / Issue 3 / November 2018
    Published online by Cambridge University Press:
    18 July 2018, pp. 279-297
    Print publication:
    November 2018
    • Article
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  • Recent literature claims that China censors information that has the potential to ignite collective action. This article extends this finding by arguing that Chinese censors respond differently to political challenges than they do to performance challenges. Political challenges call into questioning the Party's leading role, whereas performance challenges are directed at the failures of public goods provisions. A survey experiment of about 60 media professionals finds that censors are inclined to block political challenges and to tolerate criticism of the government's performance. However, when criticism contains both performance and political challenges, censorship is far more likely. By exploring the range of censorship activities, the results suggest that the Chinese regime's reliance on popular support constrains its censorship decisions.