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IU EASC Colloquium: China's Anti-Trust Investigation Against Foreign Companies (Xingxiang Zhang, Practitioner in Residence, RCCPB IU Bloomington)
Indiana University's East Asian Studies Center presents a talk from Zhang Xingxiang on China's anti-trust investigation against foreign companies.
When:
April 17, 2015 12:00pm to 1:15pm
Where
Qualcomm, a US-based high-tech firm, recently paid approximately $1 billion in fines for violating China’s anti-monopoly laws. Chinese authorities said that the law was implemented fairly, but some have criticized that the law was used to protect China’s domestic industry rather than to promote fair competition. In contrast with US and EU practice, the National Development and Reform Committee’s (NDRC) Anti-monopoly Bureau does not publish decisions of all closed investigations on its website. It is too early to draw conclusions based on the very limited number of cases which have been published on NDRC’s website. To ascertain enforcement officials’ mindset and obtain a sufficient number of cases, Zhang resorted to examining various alternative sources, including media reports, government press releases, the NDRC’s journal, and statements from practicing lawyers. In this talk, Zhang address the following issues: (1) factors considered by the government in making a punitive decision and whether those factors are relevant and reasonable; (2) whether similar cases have been treated equally and consistently; and (3) whether the target company’s legal defense rights have been respected and sufficiently protected. He finds that while the law is not specifically aimed at foreign companies, it does confer broad discretionary powers onto the enforcement agency; and these, it seems, have been not fairly exercised in cases against foreign companies. In conclusion, Zhang will present policy proposals to address this issue.
Zhang Xingxiang (张兴祥) is the inaugural Practitioner-in-Residence at Indiana University’s Research Center for Chinese Politics & Business. Zhang has worked for General Electric (China) for the past decade. Trained as a lawyer, he was responsible for government affairs and legal issues at GE (China), and more recently served as Senior Management Team member and Head of Legal and Compliance for that company’s joint venture with the State Grid, Yingda International Leasing Company. He worked at the State Council’s Legislative Affairs office from 1997 to 2004. Zhang received an LLM from Yale University in 2005 and a PhD in law from China University of Political Science and Law in 2006.
Cost:
Free and Open to the Public
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