China's Competition Policy Reforms: The Antimonopoly Law and Beyond

36 Pages Posted: 2 Jan 2010

See all articles by Bruce M. Owen

Bruce M. Owen

Stanford University

Su Sun

Economists Incorporated

Wentong Zheng

University of Florida - Levin College of Law

Multiple version iconThere are 2 versions of this paper

Date Written: March 1, 2008

Abstract

In August 2007, China adopted the Antimonopoly Law, its first comprehensive antitrust legislation, thirteen years after the drafting of the law began. Such a protracted legislative process is highly unusual in China, and can only be explained by the controversies the law presents. This paper discusses the fundamental issues in China’s economy that give rise to the challenges China faced in the drafting and adoption of the Antimonopoly Law. Those fundamental issues include the role of state-owned enterprises, perceived excessive competition, mergers and acquisitions by foreign companies, administrative monopolies, and the enforcement of the Antimonopoly Law. How China will enforce the Antimonopoly Law in light of those fundamental issues will determine the effectiveness of the law and define the parameters of China’s future competition policies.

Keywords: Antitrust, China, Antimonopoly Law, Competition, State-Owned-Enterprises, Market Entry, Administrative Monopolies

JEL Classification: K21, K33

Suggested Citation

Owen, Bruce M. and Sun, Su and Zheng, Wentong, China's Competition Policy Reforms: The Antimonopoly Law and Beyond (March 1, 2008). Antitrust Law Journal, Vol. 75, 2008. Available at SSRN: https://ssrn.com/abstract=1483273

Bruce M. Owen

Stanford University ( email )

366 Galvez Street
Stanford, CA 94305-6015
United States

HOME PAGE: http://siepr.stanford.edu/

Su Sun

Economists Incorporated ( email )

Washington, DC 20036
United States

Wentong Zheng (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-273-0936 (Phone)

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