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Chinese Antitrust ExceptionalismHow The Rise of China Challenges Global Regulation$
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Angela Huyue Zhang

Print publication date: 2021

Print ISBN-13: 9780198826569

Published to Oxford Scholarship Online: July 2021

DOI: 10.1093/oso/9780198826569.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

US Scrutiny over China’s Trade Dominance

US Scrutiny over China’s Trade Dominance

(p.163) 4 US Scrutiny over China’s Trade Dominance
Chinese Antitrust Exceptionalism

Angela Huyue Zhang

Oxford University Press

This chapter focuses on the US judicial inquiry into Chinese export cartels. It highlights the 2018 decision handed down by the US Supreme Court relating to a group of Chinese vitamin C producers and analyses the optimal judicial response to state-led export cartels. To make sense of the Supreme Court's ruling, the chapter draws upon insights from game theory to unravel the complicated dynamics between the importing and exporting country in export cartel cases. It argues that the optimal strategy for the United States is contingent on the strategy of the exporting country, whose strategy is in turn dependent on the United States' strategy as well as its own domestic politics and trade policy. The optimal regulatory response thus hinges not only on antitrust law but also politics. Viewed in this light, the US Supreme Court resolved the Vitamin C case pragmatically by according a high level of deference to the executive branch.

Keywords:   Chinese export cartels, US Supreme Court, state-led export cartels, game theory, importing country, exporting country, United States, domestics politics, trade policy, antitrust law

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