Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe

By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard

The China Anti-Monopoly legislation (AML), which grew to become powerful August 1, 2008, is the 1st complete pageant legislations enacted by way of China. The AML prohibits a huge array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by means of unmarried organisations which can damage the aggressive approach. moreover, it establishes a compulsory administrative evaluate process for mergers and acquisitions among businesses assembly definite revenues thresholds, globally or in China. past those basic provisions, the AML prohibits specific sorts of administrative abuses believed to be generic in China and establishes a fancy set of administrative organizations with extensive powers to implement the legislation. Anti-Monopoly legislation and perform in China is the 1st complete remedy of the AML and the perform of antitrust legislation less than this new procedure. every one bankruptcy at the sizeable provisions of the legislations contains sensible recommendation on ways to assembly the problem of complying with the law's necessities, together with research of most likely interpretations and functions of the AML in accordance with precedents in comparable fiscal legislation and activities through different administrative companies. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in keeping with related functions of pageant legislation in different jurisdictions.

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Antitrust law in focusing on protecting the competitive process and not individual market participants). , Inc. v. S. 294, 320 (1962) (noting that the antitrust laws were enacted for “the protection of competition, not competitors”). 78. See Reiter v. S. 330, 343 (1979) (stating that the Sherman Act was designed as a “consumer welfare prescription”). 79 However, despite commentary at the drafting stage regarding the need for a substantiality requirement, Article 2 of the AML does not require that the anticompetitive effect be direct, substantial, or foreseeable, causing observers to worry about the law’s possible application to extraterritorial conduct with indirect, insubstantial, or unforeseeable effects in China.

L. Rev. 577 (1994). 101. See June 2006 Draft AML, art. 8. See also September 30, 2005 Draft AML, art. 9, which separately addresses vertical monopoly agreements. 102. Please refer to Chapter 9 of this book for a discussion of the Bidding Law. 103. May 2005 Draft AML, art. 8. 30 Chapter 1 Legislative History of the Anti-Monopoly Law Exemptions. Article 15 of the AML provides for a basis for possible exemption of otherwise anticompetitive conduct. ”106 This condition was eliminated in the June 2006 Draft AML.

Article 2 of the June 2006 Draft AML provided as follows: “As for monopolistic conduct prohibited by this Law, this Law does not apply where other laws or administrative regulations 81. 82. 83. 84. 18 Pacific Rim Law and Policy Journal 53, 83 (January 2009) (“During the debates on the AML, some NPC members pointed out that SOE monopolies harm consumers and should be brought under AML disciplines, with high rates charged by the telecommunications industry singled out as a particular concern. ”) (citing Fan long duan fa cao an er shen fan long duan qian lu man man [The Second Reading of AML Draft, A Long Way to Go], Shi Jie Cai Jing Bao Dao [World Finance Report] (July 12, 2007)).

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