Thomas Cheng 鄭建韓
THE DEPARTMENT OF LAW
Associate Professor
Bachelor of Arts, Yale University
Juris Doctor, Harvard Law School
Bachelor of Civil Law, University of Oxford
Doctor of Philosophy, University of Oxford
Member, New York State Bar
Biography
Thomas Cheng is an associate professor at the University of Hong Kong. He has written extensively on competition law in developing countries and on the competition law of a number of Asian jurisdictions, including Hong Kong, China, and Japan. His research has appeared in respected specialist U.S. journals, including Chicago Journal of International Law, Berkeley Business Law Journal, Virginia Law & Business Review, and University of Pennsylvania Journal of Business Law, and in leading competition law journals such as Journal of Antitrust Enforcement and World Competition. In 2020, he published Competition Law in Developing Countries, the first comprehensive monograph on the topic, with Oxford University Press. He will publish The Patent-Competition Interface in Developing Countries, again the first comprehensive monograph on the topic, with Oxford University Press in 2021.
His research has been recognized internationally. He has been twice awarded the Jerry S. Cohen Memorial Fund Writing Award in the vertical restraints and antitrust and IP categories. Apart from awards, his stature as a scholar has been recognized through appointments to the executive and advisory boards of a number of leading international competition law organizations such as the American Antitrust Institute and the Academic Society for Competition Law (“ASCOLA”). He has made critical contributions to the development of competition law in Hong Kong. He advised the government extensively during the drafting of the city’s first competition law. He was a member of the inaugural Competition Commission and played a pivotal role in staff recruitment and setting up the Commission.
Research Area
- Competition Law & Policy
- Law and Development
- Law and Innovation
- Comparative Law
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Public and External Positions
Book editorships
Representative Publications
Monographs
Member, Business Facilitation Advisory Committee
Member, Advisory Board, American Antitrust Institute
Member, Executive Board, Academic Society for Competition Law
Member, International Advisory Board, Institute for Consumer Antitrust Studies
Member, Academic Steering Committee, Concurrences Antitrust Writing Awards
Member, Advisory Board, Journal of Antitrust Enforcement
Member, Advisory Board, China Antitrust Law Journal
1. Cartels in Asia (with Burton Ong and Sandra Marco Colino), Kluwer Law & Business (2015).
2. Competition Law and Development (with D. Daniel Sokol and Ioannis Lianos), Stanford University Press (2014).
3. Competition and the State (with D. Daniel Sokol and Ioannis Lianos), Stanford University Press (2014).
1. Announcing the Death of Colgate: The Form and Substance of Vertical Price Fixing Agreements, 20(1) University of Pennsylvania Journal of Business Law 1-92 (2018).
2. A Consumer Behavioral Approach to Resale Price Maintenance, 12(1) Virginia Law & Business Review 1-92 (2017) (winner of the Best Vertical Restraints Article in the Jerry S. Cohen Memorial Fund Writing Award 2017 and one of the two finalists for the Concurrences Antitrust Writing Awards 2018 in the Concerted Practices category).
3. Sherman vs. Goliath: Tackling the Conglomerate Dominance Problem in Emerging and Small Economies—Hong Kong as a Case Study, 37 Northwestern Journal of International Law & Business 35-105 (2017) (nominated for the Concurrences Antitrust Writing Awards 2018 in the Asian Antitrust category).
4. A Neglected Theory of Harm: Joint Ventures as Facilitators of Collusion Across Markets (co-authored with Kelvin Kwok), 5(3) Journal of Antitrust Enforcement 434-57 (2017) (one of the two finalists for the Concurrences Antitrust Writing Awards 2017 in the Concerted Practices category).
5. The PRC NDRC Case Against Qualcomm: A Misguided Venture or Justified Enforcement of Competition Law?, 5(1) Journal of Antitrust Enforcement 76-99 (2017).
6. Antitrust Treatment of No Challenge Clauses, 5(2) NYU Journal of Intellectual Property and Entertainment Law 437-512 (2016) (winner of the Best Antitrust and Intellectual Property Article in the Jerry S. Cohen Memorial Fund Writing Award 2016 and one of the two finalists for the Concurrences Antitrust Writing Awards 2017 in the Intellectual Property category).
7. Aggregate Concentration: A Study of Competition Law Solutions(co-authored with Michal Gal), 4(2) Journal of Antitrust Enforcement 282-321 (2016).
8. Regulating Abuse of Superior Bargaining Position under the Japanese Competition Law: An Anomaly or a Necessity? (co-authored with Masako Wakui), 3(2) Journal of Antitrust Enforcement 302-33 (2015) (one of the two finalists for the Concurrences Antitrust Writing Awards 2016 in the Asian Antitrust category).
9. Putting Innovation Incentives Back in the Patent-Antitrust Interface, 11(5) Northwestern Journal of Technology and Intellectual Property 385-439 (2013).
10. A Developmental Approach to the Patent-Antitrust Interface, 33(1) Northwestern Journal of International Law and Business 1-79 (2012).
11. Convergence and Its Discontents: A Reconsideration of the Merits of Convergence of Global Competition Law, 12(2) Chicago Journal of International Law 433-490 (2012).
- 1. Competition Law in Developing Countries 1-580 (Oxford University Press 2020).
- 2. Hong Kong Competition Law—Comparative and Theoretical Perspectives (co-authored with Kelvin Kwok) (Cambridge University Press forthcoming 2021).
- 3. The Patent-Competition Interface in Developing Countries (Oxford University Press forthcoming 2021).