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

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

The China Anti-Monopoly legislations (AML), which grew to become powerful August 1, 2008, is the 1st finished festival legislation enacted by means of China. The AML prohibits a wide array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by way of unmarried companies which can damage the aggressive strategy. additionally, it establishes a compulsory administrative overview strategy for mergers and acquisitions among businesses assembly sure revenues thresholds, globally or in China. past those basic provisions, the AML prohibits particular types of administrative abuses believed to be well-known in China and establishes a fancy set of administrative organisations with wide powers to implement the legislation. Anti-Monopoly legislations and perform in China is the 1st complete therapy of the AML and the perform of antitrust legislation below this new process. every one bankruptcy at the sizeable provisions of the legislations comprises sensible suggestion on methods to assembly the problem of complying with the law's necessities, together with research of most likely interpretations and purposes of the AML according to precedents in comparable monetary legislation and activities by way of different administrative organisations. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in accordance with related functions of festival legislation in different jurisdictions.

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35 Nevertheless, the 29. Price Law, art. 3 ; see also art. 18 (indicating what types of prices the government may set). 30. Action Urged on Antitrust Law, China Daily, Sept. 1, 1998. 31. Monitor: International Comment as Peking Reaches Agreement with Washington on China’s Entry into the World Trade Organisation, The Independent (London), Features 2, Nov. 17, 1999. See generally Jan Hoogmartens, Can China’s Socialist Market Survive WTO Accession? Politics, Market Economy and Rule of Law, 7 NAFTA L.

Htm. 77. S. antitrust law in focusing on protecting the competitive process and not individual market participants). , Inc. v. S. 294, 320 (1962) (noting that the antitrust laws were enacted for “the protection of competition, not competitors”). 78. See Reiter v. S. 330, 343 (1979) (stating that the Sherman Act was designed as a “consumer welfare prescription”). 79 However, despite commentary at the drafting stage regarding the need for a substantiality requirement, Article 2 of the AML does not require that the anticompetitive effect be direct, substantial, or foreseeable, causing observers to worry about the law’s possible application to extraterritorial conduct with indirect, insubstantial, or unforeseeable effects in China.

See also Stanley B. Lubman, Bird in a Cage: Legal Reform in China after Mao 315 (Stanford 1999) [hereinafter Stanley B. ”). 33. Beijing Amends Laws to Prepare for WTO Entry, Xinhua News Agency, pt. 3, Mar. 7, 2001. 34. , China L. & Prac. 18 (Dec. 1, 2001). 35. See Zhu Jianrong, China—10 Years after WTO Entry: Hardships and Dreams to Become a Major Economic Power Go Hand in Hand, 21 J. Jap. Trade & Indust. 30 (January/February 2002). 36 Other factors, such as a massive influx of foreign investment; the concomitant internationalization of Chinese markets; and the rapidly growing participation of Chinese entities, both state-owned and private, in the market also combined to increase support of, and a broad recognition of the need for, a comprehensive, strongly enforced competition law.

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