Monday, February 6, 2012
Posted by D. Daniel Sokol
John Yong Ren (T&D Associates) and Jet Zhisong Deng (T&D Associates, University of International Business and Economics) discuss Public Enforcement Against Cartels in China.
ABSTRACT: China's Anti-Monopoly Law ("AML") is entering its fourth year since taking effect on August 1, 2008. Regulations, rules, and cases are still in development and it is expected that these outcomes will further shape antitrust law not only in China, but overall antitrust practice around the world.
Cartelization has long been recognized as classic monopolistic behavior. China, too, acknowledges the problem in Chapter II in the AML. Article 13 prohibits horizontal monopoly agreements, while Article 14 prohibits vertical monopoly agreements. The two administrative agencies handling public enforcement against cartels, the National Development and Reform Commission ("NDRC") and the State Administration for Industry and Commerce ("SAIC") investigate some cartel cases, although not all of the results of these investigates are disclosed to the public.