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June 2, 2014

Two new competition/antitrust law related books caught my eye – one relating to antitrust law and sport and the other in the quickly growing area of Chinese competition law: Competition Law in China: Laws, Regulations and Cases (Jones Day) and Sports and Antitrust Law (American Bar Association).

Abstracts

Competition Law in China (Oxford University Press)

“Oxford University Press has published Competition Law in China: Laws, Regulations and Cases, the first bilingual (Chinese/English) compilation of all legal texts applicable to the area of competition law in China. It includes the Anti-Monopoly Law of the People’s Republic of China (AML) as well as all other laws that have relevant provisions. It also incorporates the regulations issued by the State Council, the Ministry of Commerce (MOFCOM), and the National Development and Reform Commission (NRDC); judicial interpretations of the Supreme People’s Court; and MOFCOM’s decisions in merger cases.

China’s Anti-Monopoly Law has become one of the main concerns of foreign companies doing business in China. We felt that there was a need for a bilingual compilation that included all relevant laws and regulations to enable companies and their counsel to better understand China’s antitrust regime, said Peter Wang, leader of Jones Day’s antitrust practice in China.

Along with Mr. Wang, the book is co-authored by Jones Day antitrust partners Sebastien Evrard and former MOFCOM official Yizhe Zhang, based in Jones Day’s Hong Kong and Beijing offices, respectively, and associate Baohui Zhang.”

Sports and Antitrust Law

“Sports and Antitrust Law presents a legal overview of sports-related topics and offers an exciting new resource on the most current cases and issues, both for the seasoned practitioner and the novice antitrust sports lawyer. This book provides a framework for understanding the ever-evolving area of sports law and its intersection with antitrust law. Sports and Antitrust Law addresses such topics as general sports-related antitrust principles, the history of sports law, and recurring issues in professional sports. In six chapters, Sports and Antitrust Law examines the following topics: Chapter I discusses exemptions, including the ever evolving labor exemption most relevant to the major sports leagues. Chapter II addresses the threshold issue of what is not covered by the Sherman Act, namely, non-commercial restraints and on-field rules and discipline. Chapter III presents the basic analytical framework of the Sherman Act’s application to the sports industry: the elements of Section 1 and Section 2 claims, the single entity doctrine, and modes of analyses (per se, quick look, and full rule of reason for Section 1 cases and Section 2 analytical principles). Chapter IV focuses on the application of these principles to specific recurring issues and subjects, including market definition, market power, and a number of challenged restraints (e.g., involving players, teams, equipment, broadcasts). Chapter V explores sports issues in private litigation, including standing, class actions, injunctions, and damages. Chapter VI discusses the development of sports antitrust law in Canada.”

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