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Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Monday, June 28, 2010

Dawn of a New Constitutional Era or Opportunity Wasted? An Intellectual Reappraisal of China’s Anti-Monopoly Law

Posted by D. Daniel Sokol

Oliver Zhong, US-Asia Law Institute, New York University School of Law writes on Dawn of a New Constitutional Era or Opportunity Wasted? An Intellectual Reappraisal of China’s Anti-Monopoly Law.

ABSTRACT: China’s nascent “competition law” legislation, the Anti-Monopoly Law, has piqued the interest of many an antitrust practitioner. This Article argues that the attention is well-deserved, but for the wrong reason. The AML, it argues, is far broader than a competition law, and one is already on a misleading track attempting to read it within an antitrust paradigm. Legislations work only within a certain constitutional context, and the Chinese one is particularly complex. An intellectual reappraisal is due. The Article aims to do three things: to reconceptualize the AML as promulgated and identify major policy ambiguities; to review official updates and developments since promulgation with an eye to clarify such ambiguities; and to place the AML in China’s intellectual tradition to ascertain what it signifies for the present and augurs for the future.


 

http://lawprofessors.typepad.com/antitrustprof_blog/2010/06/dawn-of-a-new-constitutional-era-or-opportunity-wasted-an-intellectual-reappraisal-of-chinas-antimon.html

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