Constructing Competition Law in China: The Potential Value of European and US Experience

3 Washington University Global Studies Law Review 312 (2004)

17 Pages Posted: 18 Jul 2013

See all articles by David J. Gerber

David J. Gerber

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: July 17, 2004

Abstract

China will develop its own competition law on its own terms and on the basis of its own institutions, traditions, and goals, as it has in other recent contexts. It is unlikely to accept any foreign model of competition law as its own. In making choices about what kind of competition law to create, however, Chinese decision-makers are likely to make at least some use of concepts and institutions that have been developed elsewhere. In this brief Essay, I examine several of the key decisions to be made in constructing a competition law for China and consider ways in which foreign experience may be of value to Chinese decision-makers.

I do not here suggest to Chinese decision-makers what they should do. The role I envision is much more modest. It is to comment on the two systems from which the Chinese are most likely to borrow concepts and institutions — that is, European and U.S. competition law — and to suggest ways in which information about them may be useful in the construction of a competition law regime for China. In particular, I review European and U.S. experiences in constructing and developing the goals and institutions of competition law in light of the potential relevance of those experiences for China’s decisions about competition law.

Keywords: China, competition law, comparative law, development, globalism, Europe, United States, antitrust, administrative law, enforcement

JEL Classification: K19, K21, K23, K42

Suggested Citation

Gerber, David J., Constructing Competition Law in China: The Potential Value of European and US Experience (July 17, 2004). 3 Washington University Global Studies Law Review 312 (2004). Available at SSRN: https://ssrn.com/abstract=2295032

David J. Gerber (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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