The growing trend of corporations imposing restrictions on suppliers, contractors, and customers beyond the requirements of existing laws requires rethinking the nature and impact of corporations' private regulatory power. This trend, which this Article refers to as "Corporations as Private...

A persistent puzzle in antitrust law is whether and when an unlawful agreement could arise from conduct or verbalized communications that fall short of an explicit agreement. While courts have found such tacit agreements to exist in idiosyncratic scenarios, they have failed to articulate a clear...

A persistent puzzle in antitrust law is whether and when an unlawful agreement could arise from conduct or verbalized communications that fall short of an explicit agreement. While courts have found such tacit agreements to exist in idiosyncratic scenarios, they have failed to articulate a clear...

On March 11, 2011, the Appellate Body (“AB”) of the World Trade Organization (“WTO”) issued its report in the WTO dispute brought by China against the United States concerning four sets of antidumping and countervailing duty determinations by the United States Department of Commerce....

This article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and by proposing a bold yet feasible roadmap for reforms. This article focuses on antidumping, the linchpin of trade remedies. While antidumping is...

Subsidy regulation is in a precarious state. While it has been so ever since the conception of the current subsidy regulation regime, the recent disputes between the United States and China over the “double counting” or “double remedies” of subsidies have threatened the mere...

This Article explores Cuba's new role in the world economy and the perils that accompany this new role. The article examines three development models that have been utilized by other developing countries: import substitution, export-oriented growth, and domestic market-oriented growth. It argues...

The government plays increasingly active and diversified roles in the modern economy. How to draw the boundary between the market and the state has emerged as a contentious issue in various areas of law, including constitutional law, antitrust, and international trade. This Article surveys and...

A bedrock principle of patent law — patent exhaustion — proclaims that an authorized sale of a patented article exhausts the patentee's rights with respect to the article sold. Over one hundred and fifty years of case law, however, has produced two conflicting notions of patent exhaustion,...

This Chapter discusses antitrust-related FRAND issues in China. In Part I, we provide an overview of China’s antitrust regime and its interaction with intellectual property rights. In doing so, we offer an explanation of the nature of the Chinese antitrust regime that builds upon both the...