Thursday, May 24, 2012
Posted by D. Daniel Sokol
Zhiyong Liu, Indiana State University - Scott College of Business and Yue Qiao, Shandong University describe Abuse of Market Dominance Under China’s 2007 Anti-Monopoly Law: A Preliminary Assessment.
ABSTRACT: In this article we introduce the abuse of dominance provisions in China’s Anti-monopoly Law (AML) that was enacted in 2007, and we put this in context by briefly describing the laws on the abuse of dominance that existed before the AML, and their relationship with the provisions in the AML. We then discuss the interpretation and enforcement of the AML’s abuse of dominance provisions; on the one hand generally in the context of China’s new market competition environment and its political-legal system, and on the other hand specifically through a consideration of some recent antitrust cases on the abuse of market dominance. Finally, we offer a preliminary appraisal of the law and its enforcement.