The Anti-Monopoly Law in China: Where Do We Stand?

Competition Policy International, Vol. 3, No. 2, Autumn 2007

18 Pages Posted: 17 Dec 2007

See all articles by Vanessa Yanhua Zhang

Vanessa Yanhua Zhang

Global Economics Group, LLC; Renmin University of China

Xinzhu Zhang

Chinese Academy of Social Sciences (CASS) - Research Center for Regulation and Competition

Abstract

The recent development of China's Anti-monopoly Law has caught the attention of governments, academia, and businesses. Although China has laws that address anticompetitive conduct and institutions to enforce them, they are disparate and do not constitute a comprehensive competition regime. Recent antitrust cases in China have stressed the need for a competition law that can be applied consistently across sectors. In this paper, the authors explain China's legislative process, the relationships among its relevant institutions, and explore the problems and challenges facing lawmakers. Although the 2007 passage of the Anti-monopoly Law was an important step towards a comprehensive competition regime, it remains to be seen how it will operate in practice when it goes into effect on August 1, 2008. The authors argue that two key issues remain unresolved: 1) how the Anti-monopoly Law will be backed by an effective enforcement process; and 2) how the Anti-monopoly Law will effectively deal with administrative monopolies.

Keywords: antitrust, competition law, competition policy, China, administrative monopoly, antitrust enforcement

Suggested Citation

Zhang, Vanessa Yanhua and Zhang, Xinzhu, The Anti-Monopoly Law in China: Where Do We Stand?. Competition Policy International, Vol. 3, No. 2, Autumn 2007 . Available at SSRN: https://ssrn.com/abstract=1075428

Vanessa Yanhua Zhang (Contact Author)

Global Economics Group, LLC ( email )

1400 S. Dearborn, Suite 1000
Chicago, IL 60603
United States

Renmin University of China ( email )

Room B906
Xianjin Building
Beijing, Beijing 100872
China

Xinzhu Zhang

Chinese Academy of Social Sciences (CASS) - Research Center for Regulation and Competition ( email )

Beijing, 100732
China

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