The New Chinese Anti-Monopoly Law - An Overview

eSapience Center for Competition Policy, November 2007

21 Pages Posted: 16 Nov 2007 Last revised: 6 Mar 2008

See all articles by Adrian Emch

Adrian Emch

Hogan Lovells

Qian Hao

China University of Political Science and Law

Abstract

The PRC Anti-Monopoly Law (AML) was enacted in August 2007, after a drafting process which lasted over 13 years.

This paper examines how the AML attempts to tackle four types of anti-competitive conduct - monopoly agreements, abuses of a dominant market position, anti-competitive concentrations of companies and administrative monopolies. Given that the AML is largely inspired by European Union (EU) competition law, the AML's provisions are analysed in the light of the solutions found in the EU.

Furthermore, the examination of the AML includes references to prior Chinese antitrust laws, such as the Anti-Unfair Competition Law and the Price Law. As the AML is incomplete without the adoption of implementing regulations and guidelines, the paper also looks at the rules of the general Chinese administrative legal order to assess the AML's impact.

Suggested Citation

Emch, Adrian and Hao, Qian, The New Chinese Anti-Monopoly Law - An Overview. eSapience Center for Competition Policy, November 2007, Available at SSRN: https://ssrn.com/abstract=1030451

Qian Hao

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing
China

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