Abuse of Administrative Power to Restrict Competition in China: Four Reflections, Two Ideas and a Thought

Michael Faure and Xinzhu Zhang, eds, REGULATION AND COMPETITION POLICY IN CHINA: NEW DEVELOPMENTS AND EMPIRICAL EVIDENCE, Edward Elgar, 2013, pp. 73-141

27 Pages Posted: 25 Jun 2012 Last revised: 23 Jan 2014

See all articles by Mel Marquis

Mel Marquis

Monash University Law School

Date Written: March 28, 2012

Abstract

This chapter of the book embarks on an extensive discussion of the treatment by China's Anti-Monopoly Law (AML) of anticompetitive government restrictions (i.e., abuses of "administrative monopoly"). Without suggesting an 'emulation imperative', the chapter takes as a comparative frame the long and fascinating European experience with the treatment of anticompetitive public measures under the Treaty of Rome, as most recently amended by the Treaty on the Functioning of the European Union. The chapter builds on the extant literature relating to the AML and advocates steps to enhance the effectiveness of Chapter V of the AML ("abusve of administrative power to restrict competition") via ex ante and ex post instruments.

Keywords: China, Anti-Monopoly Law, Administrative monopoly, Abuse of administrative power to restrict competition, Anticompetitive government restrictions, Anticompetitive public measures, Chapter V AML, Article 106 TFEU

Suggested Citation

Marquis, Mel, Abuse of Administrative Power to Restrict Competition in China: Four Reflections, Two Ideas and a Thought (March 28, 2012). Michael Faure and Xinzhu Zhang, eds, REGULATION AND COMPETITION POLICY IN CHINA: NEW DEVELOPMENTS AND EMPIRICAL EVIDENCE, Edward Elgar, 2013, pp. 73-141, Available at SSRN: https://ssrn.com/abstract=2090138

Mel Marquis (Contact Author)

Monash University Law School ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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