China's New Anti-Monopoly Law: Big Trouble in Little China?

Abstract:     
China's New Anti-monopoly Law: Big Trouble in Little China? addresses China's new Anti-Monopoly Law ("AML") that became effective in August 200, specifically the implications of provisions related to China's state-owned enterprises ("SOEs"). It explores the legislative history of the AML and provides interpretations of the pertinent provisions.

The article also goes deep into the legislative history of the AML and provides interpretations of the different provisions.

In addition, the article is the first to synthesize competition laws from the U.S. and the European Community in order to apply them in another country. To achieve that, the author embarked on a comprehensive research on the development of competition laws in the US and the EC. There is no work previously done that deals with all three distinct competition law systems in one setting.

This article also provides a rich socio-economic account important to the understanding of the AML. The economic phenomenon of SOEs in all industrial nations is presently significant and, what with the terms of the various "bail out" measures being considered around the world at this moment, will become much more so in the near future. The article is a serious piece concerning what will shortly become a major legislative consideration in International and Comparative Antitrust practice and scholarship.

Number of Pages in PDF File: 49

Keywords: antimonopoly law, anti-monopoly law, antitrust, competition law, european union, european community, china, sherman, treaty of rome, treaty of amsterdam, single market, single-market, bailout, bail out, state aid, state aids, state-owned enterprise, state owned enterprise, state-owned enterprises

working papers series