Tuesday, August 28, 2007
Posted by D. Daniel Sokol
A new Chinese language newspaper report provides Highlights of the Third Reading of the Chinese Draft Anti-Monopoly Law. This news comes from Chinese competition and IP law guru Paul Jones. Paul has summarized for those of us who do not read Chinese:
The highlights include a ban on horizontal arrangements. Interestingly one of the prohibited behaviors is listed as “ restricting the purchase of new technology, new equipment or restrictions on the development of new technologies.” There will be a special chapter on administrative provisions restricting competition. The State Council is to set up an Anti-Monopoly Commission that will undertake various types of investigative work and make administrative determinations on penalties. Finally the article mentions that this draft specifies that the law will be applicable to operators who abuse intellectual property rights.