Abstract

http://ssrn.com/abstract=2090138
 


 



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


Mel Marquis


European University Institute - Department of Law (LAW)

March 28, 2012

Michael Faure and Xinzhu Zhang, eds, REGULATION AND COMPETITION POLICY IN CHINA: NEW DEVELOPMENTS AND EMPIRICAL EVIDENCE, Edward Elgar, 2013, pp. 73-141

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.

Number of Pages in PDF File: 27

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

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Date posted: June 25, 2012 ; Last revised: January 23, 2014

Suggested Citation

Marquis, Mel, Abuse of Administrative Power to Restrict Competition in China: Four Reflections, Two Ideas and a Thought (March 28, 2012). Michael Faure and Xinzhu Zhang, eds, REGULATION AND COMPETITION POLICY IN CHINA: NEW DEVELOPMENTS AND EMPIRICAL EVIDENCE, Edward Elgar, 2013, pp. 73-141. Available at SSRN: http://ssrn.com/abstract=2090138

Contact Information

Mel Marquis (Contact Author)
European University Institute - Department of Law (LAW) ( email )
Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY
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