Hearing on: The Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies

The Pennsylvania State University Legal Studies Research Paper No. 7-2011

Testimony Before the House Committee on the Judiciary Subcommittee on Courts and Competition Policy, Serial No. 111-117

12 Pages Posted: 7 Apr 2011

See all articles by Susan Beth Farmer

Susan Beth Farmer

Pennsylvania State University, Penn State Law

Date Written: July 13, 2010

Abstract

This testimony was presented as part of the hearings on “The Impact of China’s Antitrust Law and Other Competition Policies On U.S. Companies,” held by the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy on July 13, 2010. It describes developments in the enforcement and application of the Chinese Anti-Monopoly Law, interpretation and enforcement during the two years since the AML came into effect, with particular attention to merger review. It comments on the organization and staffing of the enforcement agencies and the publication of numerous procedures, guidelines and regulations, which suggests that capacity building is important and ongoing. Legal developments indicate consideration of international best practices and a trend towards the consumer welfare model of antitrust thought, mediated by domestic approaches to national policy and governance. Finally, it points out that the AML and regulations include certain non-economic considerations and other provisions, such as treatment of SOEs and administrative monopolies, that are specific to the national history and development of the Chinese market economy.

Suggested Citation

Farmer, Susan Beth, Hearing on: The Impact of China's Antitrust Law and Other Competition Policies on U.S. Companies (July 13, 2010). The Pennsylvania State University Legal Studies Research Paper No. 7-2011. Available at SSRN: https://ssrn.com/abstract=1802512

Susan Beth Farmer (Contact Author)

Pennsylvania State University, Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States
(814) 863-4616 (Phone)

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