Wednesday, March 17, 2010
Not So Fast: The Competition System Created by the PRC Anti-Monopoly Law and Recent Developments in its Implemetation
Posted by D. Daniel Sokol
Nicholas H. Cramer, Tsinghua University - School of Law has written on Not So Fast: The Competition System Created by the PRC Anti-Monopoly Law and Recent Developments in its Implementation.
ABSTRACT: Culminating a two-decade long process, the Standing Committee of the National People's Congress adopted the PRC Anti-Monopoly Law on August 30, 2007 and the law entered into effect on August 1, 2008. The result was imperfect, overly general legislation which still potentially offers an improvement over the disparate set of rules and regulation that preceded it, if only by locating all of the confusion in one place. The 2008 Anti-Monopoly Law borrows important elements from American antitrust law as well as European Union and German competition law, but maintains unmistakably Chinese characteristics.
The note below will attempt to show how the influences of foreign competition schemes and domestic policy agendas combined to create an Anti-Monopoly Law that, while improving on the previous framework, will require a series of implementing measures and structural and procedural reforms to be effectively enforced.