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By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard

ISBN-10: 019539478X

ISBN-13: 9780195394788

The China Anti-Monopoly legislation (AML), which turned potent August 1, 2008, is the 1st accomplished festival legislations enacted by way of China. The AML prohibits a huge array of agreements among rivals and advertisement counterparties, in addition to aggressive behavior by way of unmarried businesses which may damage the aggressive method. additionally, it establishes a compulsory administrative evaluate method for mergers and acquisitions among businesses assembly yes revenues thresholds, globally or in China. past those basic provisions, the AML prohibits particular types of administrative abuses believed to be familiar in China and establishes a fancy set of administrative organizations with vast powers to implement the legislations. Anti-Monopoly legislations and perform in China is the 1st complete therapy of the AML and the perform of antitrust legislations less than this new process. every one bankruptcy at the substantial provisions of the legislation contains functional recommendation on techniques to assembly the problem of complying with the law's standards, together with research of most likely interpretations and purposes of the AML in line with precedents in similar fiscal legislation and activities via different administrative businesses. the place coverage offerings are doubtful, the textual content will discover possible advancements in China according to related functions of festival legislation in different jurisdictions.

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Inquiry 435, 438–39 (1997) (noting that the meanings of “free competition” and “fair competition” have not remained stable over time, and that, at one time, fair competition included a “right to combine to avoid the excesses of competition to the death”). 72. See generally Chapter 9 of this book. 73. For discussion of reform of Chinese Economy and SOEs, please refer to Chapter 5 of this book. 74. See generally Jung & Hao, 24 Nw. J. Int’l L. & Bus. supra note 22, at 125. 78 However, the above language referring to the protection of business operators was deleted from Article 1 of the February 2004 Draft AML and remains absent from Article 1 of the AML as enacted (with the exception of the reference to protection of small- and medium-sized enterprises in the agreement exemption provision, art.

25. 26. 27. 28. Cong. Gaz. Issue No. htm (last visited Feb. ); see also Monfort, supra note 8, at 1095. See Wang Xiaoye, Issues Surrounding the Drafting of China’s Anti-Monopoly Law, 3 Wash. U. Global Studies L. Rev. 285 (2004). See also Law and Order: Government Officials to Draft Antimonopoly Law, New China News Agency, pt 3, Jan. 19, 1995. Id. See China—Antitrust Law to Curb Cartel Collusion, China Daily, Oct. 5, 1998 (reporting that Professor Sheng Jiemen of Beijing University was “concerned about spreading abuse of market power via… cartel actions [in five industrial sectors that had engaged in cartel actions to fix prices, with other sectors expected to follow suit]”); Chang Weimin, China: Antitrust Rules Planned, China Daily, 5, Aug.

The AML drafters also participated in conferences with foreign governments and NGOs, although the drafting process was not entirely transparent. This section highlights aspects of the various provisions of the AML that generated the most comment and concern during the drafting process among officials, scholars, commentators, and practitioners—Chinese and non-Chinese alike. This chapter does not attempt to provide a thorough comparative law exegesis of each provision in the AML and potential inconsistencies between the AML and the approaches of other major competition law regimes, which will be the tasks of the chapters that address specific substantive aspects of the law as enacted.

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Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard


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