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Not So Fast: The Competition System Created by the PRC Anti-Monopoly Law and Recent Developments in its Implemetation

62 Pages Posted: 17 Feb 2010  

Nicholas H. Cramer

Tsinghua University - School of Law

Date Written: August 1, 2009

Abstract

Culminating a two-decade long process, the Standing Committee of the National People's Congress adopted the PRC Anti-Monopoly Law on August 30, 2007 and the law entered into effect on August 1, 2008. The result was imperfect, overly general legislation which still potentially offers an improvement over the disparate set of rules and regulation that preceded it, if only by locating all of the confusion in one place.

The 2008 Anti-Monopoly Law borrows important elements from American antitrust law as well as European Union and German competition law, but maintains unmistakably Chinese characteristics. The note below will attempt to show how the influences of foreign competition schemes and domestic policy agendas combined to create an Anti-Monopoly Law that, while improving on the previous framework, will require a series of implementing measures and structural and procedural reforms to be effectively enforced.

Keywords: PRC AML implementation competition

Suggested Citation

Cramer, Nicholas H., Not So Fast: The Competition System Created by the PRC Anti-Monopoly Law and Recent Developments in its Implemetation (August 1, 2009). Available at SSRN: https://ssrn.com/abstract=1552266 or http://dx.doi.org/10.2139/ssrn.1552266

Nicholas H. Cramer (Contact Author)

Tsinghua University - School of Law ( email )

Law School (Mingli Building)
Room106
Beijing, Beijing 100084
China

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