Antitrust & Competition Policy Blog

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

Wednesday, August 3, 2011

Anti-Monopoly Law and Practice in China

Posted by D. Daniel Sokol

H. Stephen Harris (Baker McKenzie), Peter J. Wang (Jones Day), Mark A. Cohen (Jones Day), Yizhe Zhang (Jones Day) and Sebastien J. Evrard (Jones Day) have put out Anti-Monopoly Law and Practice in China.

BOOK ABSTRACT: The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.

Table of Contents:

Legislative history
Monopoly Agreement
Abuses of Dominant Position
Merger Review
Cases Involving Governmental and Quasi-Governmental Entities
Intellectual Property
Other Competition-Law Related Statutes

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