Policy Objectives of Public Enforcement of the Anti-Monopoly Law: An Assessment of the First Five Years

China's Anti-Monopoly Law – The First Five Years (Adrian Emch and David Stallibrass, eds, Kluwer Law International), July 2013

Posted: 16 Oct 2015

See all articles by Wendy Ng

Wendy Ng

University of Melbourne - Law School

Date Written: July 24, 2013

Abstract

The enactment of China’s Anti-Monopoly Law (AML) in 2007 was a milestone in China’s transition from a centrally planned economy to a socialist market economy, confirming China’s commitment to adopting market-based principles. Whilst the AML appears to be a competition law that is largely consistent in form and substance with the prevailing practices of well-established competition law jurisdictions, it is clear that the AML is a distinctly Chinese competition law. This is apparent in its stated objectives, which include both what might be regarded as “competition objectives” and “non-competition objectives”. As such, there have been concerns that industrial policy goals will be pursued under the guise of competition law and that the AML would be enforced in a manner that protects Chinese businesses from competition, discriminates against foreign companies, and exempts state-owned enterprises.

This articles examines whether these concerns have materialised by examining the enforcement decisions made by the Chinese competition agencies in the first five years of enforcement and considering the policy objectives that these agencies appear to have pursued in practice.

Keywords: Chinese law, competition law, antitrust law, anti-monopoly law, competition policy objectives

JEL Classification: K21, L4, L5, P26

Suggested Citation

Ng, Wendy, Policy Objectives of Public Enforcement of the Anti-Monopoly Law: An Assessment of the First Five Years (July 24, 2013). China's Anti-Monopoly Law – The First Five Years (Adrian Emch and David Stallibrass, eds, Kluwer Law International), July 2013. Available at SSRN: https://ssrn.com/abstract=2673972

Wendy Ng (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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