Abuse of Administrative Power to Restrict Competition in China: Four Reflections, Two Ideas and a Thought

Abstract:     
This chapter of the book embarks on an extensive discussion of the treatment by China's Anti-Monopoly Law (AML) of anticompetitive government restrictions (i.e., abuses of "administrative monopoly"). Without suggesting an 'emulation imperative', the chapter takes as a comparative frame the long and fascinating European experience with the treatment of anticompetitive public measures under the Treaty of Rome, as most recently amended by the Treaty on the Functioning of the European Union. The chapter builds on the extant literature relating to the AML and advocates steps to enhance the effectiveness of Chapter V of the AML ("abusve of administrative power to restrict competition") via ex ante and ex post instruments.

Keywords: China, Anti-Monopoly Law, Administrative monopoly, Abuse of administrative power to restrict competition, Anticompetitive government restrictions, Anticompetitive public measures, Chapter V AML, Article 106 TFEU

Accepted Paper Series