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Antitrust and competition laws are government regulations that seek to encourage competition by limiting the market power of firms. Some degree of monopolistic or market power has long been a feature of our economies and is most recognisable today through the activities of companies such as Google, Amazon, Meta, Microsoft and Apple. The concept of market power remains a central idea in fields such as industrial organization, the economics of regulation, competition law and competition policy, yet there is still much debate about how to define it and how to measure it. Antitrust and Competition Policy suggests a new approach for identifying market power and building on it sets out, for the first time, a sound, comprehensive economic foundation for competition law and policy. This framework sheds new light on a range of antitrust violations including the discernment of anti-competitive mergers, abusive practices and restrictive agreements.
Chapter 11 applies the ideas in the text to the area of state aid, industrial policy, and competitive neutrality. This chapter observes that controls on state aid are difficult to explain through a consumer welfare lens. The chapter describes the controls on state aid in the EU, including the private- investor test and the concept of selectivity. The chapter concludes with a discussion of industrial policy in the US and how legislation which has one objective (at least on the surface) can affect trade between countries and therefore could have a chilling effect on investment and competition in the long run. This suggests the need for international rules (as exist in the EU) to protect and promote investment, competition, and international trade.
China’s approach to investment facilitation is embodied in China’s views during the active participation in negotiations for the WTO’s Investment Facilitation for Development Agreement, G20 Guiding Principles for Global Investment Policymaking, and Free Trade Agreements, besides China’s foreign investment and outbound investment laws and regulations. China’s approach to investment facilitation is advancing with the times and displays certain specific characteristics and is continuously improving and developing. China’s comprehensive approach to investment facilitation is conducive to the shared sustainable development of China and other actors. In the future, China’s policies and measures to investment facilitation should adhere to the spirit and guidance of shared sustainable development and competitive neutrality.
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