Dawn of a New Constitutional Era or Opportunity Wasted? An Intellectual Reappraisal of China’s Anti-Monopoly Law

85 Pages Posted: 29 Apr 2010 Last revised: 30 Apr 2010

Oliver Zhong

US-Asia Law Institute, New York University School of Law

Date Written: April 27, 2010

Abstract

China’s nascent “competition law” legislation, the Anti-Monopoly Law, has piqued the interest of many an antitrust practitioner. This Article argues that the attention is well-deserved, but for the wrong reason. The AML, it argues, is far broader than a competition law, and one is already on a misleading track attempting to read it within an antitrust paradigm. Legislations work only within a certain constitutional context, and the Chinese one is particularly complex. An intellectual reappraisal is due. The Article aims to do three things: to reconceptualize the AML as promulgated and identify major policy ambiguities; to review official updates and developments since promulgation with an eye to clarify such ambiguities; and to place the AML in China’s intellectual tradition to ascertain what it signifies for the present and augurs for the future.

Keywords: china, anti-monopoly law, aml

Suggested Citation

Zhong, Oliver, Dawn of a New Constitutional Era or Opportunity Wasted? An Intellectual Reappraisal of China’s Anti-Monopoly Law (April 27, 2010). Available at SSRN: https://ssrn.com/abstract=1596814 or http://dx.doi.org/10.2139/ssrn.1596814

Oliver Zhong (Contact Author)

US-Asia Law Institute, New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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