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Antitrust in China: An overview of recent implementation of anti-monopoly law
Dan Wei
2013-03
Source PublicationEuropean Business Organization Law Review
ISSN1566-7529
Volume14Issue:1Pages:119-139
Abstract

Since China's first comprehensive competition statute, the Anti-Monopoly Law (AML), took effect on 1 August 2008, Chinese competition enforcement authorities have enacted secondary legislation on merger review. Very recently, rules against monopoly agreements and abuse of dominance have also been adopted. This framework ensures that China's antitrust regime now operates with a degree of transparency and predictability. The AML addresses three broad categories of monopolistic conduct by business operators: monopoly agreements, abuse of dominance, and anti-competitive concentrations. This paper aims to analyse the latest enforcement developments in these three broad areas upon the three-year anniversary of the AML. Like most Chinese laws, the AML emphasises administrative enforcement over judicial enforcement. On the one hand, the author includes some meaningful studies on selected landmark decisions on merger control published so far by the Ministry of Commerce of China, and, on the other hand, focuses on the judicial enforcement by People's Courts through private actions for antitrust-type claims for damages.

KeywordAntitrust China Competition Enforcement Private Action
DOI10.1017/S1566752912001061
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaBusiness & Economics ; Government & Law
WOS SubjectBusiness ; Law
WOS IDWOS:000317633300005
PublisherSPRINGER HEIDELBERG TIERGARTENSTRASSE 17, D-69121 HEIDELBERG, GERMANY
Scopus ID2-s2.0-84875740376
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorDan Wei
AffiliationLaw from the University of Coimbra,Institute for Advanced Legal Studies of the Faculty of Law,University of Macau,Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Dan Wei. Antitrust in China: An overview of recent implementation of anti-monopoly law[J]. European Business Organization Law Review, 2013, 14(1), 119-139.
APA Dan Wei.(2013). Antitrust in China: An overview of recent implementation of anti-monopoly law. European Business Organization Law Review, 14(1), 119-139.
MLA Dan Wei."Antitrust in China: An overview of recent implementation of anti-monopoly law".European Business Organization Law Review 14.1(2013):119-139.
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