Five Years of Implementation of China's Anti-Monopoly Law—Achievements and Challenges

Journal of Antitrust Enforcement, (2013), pp. 1–25

25 Pages Posted: 5 Feb 2020

See all articles by Xiaoye Wang

Xiaoye Wang

affiliation not provided to SSRN

Adrian Emch

Hogan Lovells

Date Written: February 1, 2020

Abstract

China’s Anti-Monopoly Law came into effect five years ago—on 1 August 2008—and as such is one of the youngest antitrust laws in the world. This article explores the achievements of the competition regime over the past years, and the challenges lying ahead.

The Anti-Monopoly Law has been enforced by a number of agencies—namely, the Ministry of Commerce, the National Development and Reform Commission, the State Administration for Industry and Commerce and the courts through some influential cases, such as a few conditionally cleared merger decisions and the investigation against China Telecom and China Unicom. Without underestimating these successes, these cases also reveal the considerable challenges faced by the new regime.

Keywords: China, antitrust, competition law, antimonopoly, MOFCOM, NDRC, SAIC, litigation

JEL Classification: k21

Suggested Citation

Wang, Xiaoye and Emch, Adrian, Five Years of Implementation of China's Anti-Monopoly Law—Achievements and Challenges (February 1, 2020). Journal of Antitrust Enforcement, (2013), pp. 1–25, Available at SSRN: https://ssrn.com/abstract=3529827

Xiaoye Wang

affiliation not provided to SSRN

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