By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard
The China Anti-Monopoly legislations (AML), which grew to become powerful August 1, 2008, is the 1st accomplished pageant legislations enacted via China. The AML prohibits a vast array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior through unmarried enterprises which may damage the aggressive procedure. moreover, it establishes a compulsory administrative evaluation approach 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 general in China and establishes a fancy set of administrative businesses with extensive powers to implement the legislation. Anti-Monopoly legislations and perform in China is the 1st accomplished therapy of the AML and the perform of antitrust legislations less than this new approach. every one bankruptcy at the substantive provisions of the legislations contains useful recommendation on ways to assembly the problem of complying with the law's standards, together with research of most probably interpretations and functions of the AML in response to precedents in similar monetary legislation and activities through different administrative firms. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in accordance with similar purposes of festival legislation in different jurisdictions.
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Additional resources for Anti-Monopoly Law and Practice in China
131 (2005). For a discussion of the July 2004 Draft AML in the context of Chinese economic structure and policy, see Bruce M. Owen, Su Sun, & Wentong Zheng, Antitrust in China: The Problem of Incentive Compatibility, 1 J. Competition L. & Econ. 123 (2005). 48. Wang Xiaoye, Report: Anti-Monopoly Law Vital, China Daily, 11, Aug. 20, 2004; Tang Zhengyu, Towards an Anti-Monopoly Law; China Vows to Upgrade Its Competition Safeguards, China L. & Prac. 1 (July 1, 2004); Dai Yan, Monopoly Law Badly Needed, Report Says, China Daily, 1, May 25, 2004.
Collusion in bidding is forbidden by Article 15. 23 Work toward a comprehensive antitrust 19. See Dali L. Yang, Remaking the Chinese Leviathan, Market Transition and the Politics of Governance in China 31–37 (Stanford 2004). 20. Fan Buzhengdang Jingzheng Fa [Law of the People’s Republic of China Against Unfair Competition (also referred to as the AUCL)] (promulgated by the Standing Comm. , Sept. 2, 1993, effective Dec. 1, 1993) 1993 Standing Comm. Nat’l People’s Cong. Gaz. Issue No. htm (last visited Feb.
1–7 (2009). 97. TFEU, art. 101. The Anti-Monopoly Law 29 Agreements), which comprises Articles 13 through 16. 100 This was another subject of considerable discussion at the International Seminar on Anti-Monopoly Legislation. 101 The AML, as adopted, treats horizontal agreements, in Article 13, separately from vertical agreements, in Article 14. Bid-rigging. Previous drafts of the AML contained provisions, such as Article 10 of the November 2005 Draft AML and Article 9 of the June 2006 Draft AML, that constituted a separate prohibition on rigging bids to eliminate or restrict competition.