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By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard

The China Anti-Monopoly legislations (AML), which grew to become powerful August 1, 2008, is the 1st entire festival legislation enacted via China. The AML prohibits a wide array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by way of unmarried organizations that could damage the aggressive strategy. additionally, it establishes a compulsory administrative evaluate process for mergers and acquisitions among businesses assembly yes revenues thresholds, globally or in China. past those basic provisions, the AML prohibits particular types of administrative abuses believed to be typical in China and establishes a fancy set of administrative companies with vast powers to implement the legislation. Anti-Monopoly legislations and perform in China is the 1st accomplished remedy of the AML and the perform of antitrust legislation lower than this new approach. every one bankruptcy at the important provisions of the legislation contains sensible suggestion on methods to assembly the problem of complying with the law's specifications, together with research of most likely interpretations and purposes of the AML in response to precedents in comparable financial legislation and activities through different administrative companies. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in accordance with related functions of pageant legislation in different jurisdictions.

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79 However, despite commentary at the drafting stage regarding the need for a substantiality requirement, Article 2 of the AML does not require that the anticompetitive effect be direct, substantial, or foreseeable, causing observers to worry about the law’s possible application to extraterritorial conduct with indirect, insubstantial, or unforeseeable effects in China. C. Application of the Law to Regulated Sectors of the Economy In addition to concerns about the application of the AML to extraterritorial conduct, there is also concern over the inapplicability of the law to regulated sectors of the economy.

See also Monfort, supra note 8, at 1095. See Wang Xiaoye, Issues Surrounding the Drafting of China’s Anti-Monopoly Law, 3 Wash. U. Global Studies L. Rev. 285 (2004). See also Law and Order: Government Officials to Draft Antimonopoly Law, New China News Agency, pt 3, Jan. 19, 1995. Id. See China—Antitrust Law to Curb Cartel Collusion, China Daily, Oct. 5, 1998 (reporting that Professor Sheng Jiemen of Beijing University was “concerned about spreading abuse of market power via… cartel actions [in five industrial sectors that had engaged in cartel actions to fix prices, with other sectors expected to follow suit]”); Chang Weimin, China: Antitrust Rules Planned, China Daily, 5, Aug.

Howell, Alan Wm. 81 Some commentators read the language in Article 7 as an exemption of the SOE-controlled industries from the jurisdiction of the AML. 84 Interface with sectoral regulation. Article 2 of the June 2006 Draft AML provided as follows: “As for monopolistic conduct prohibited by this Law, this Law does not apply where other laws or administrative regulations 81. 82. 83. 84. 18 Pacific Rim Law and Policy Journal 53, 83 (January 2009) (“During the debates on the AML, some NPC members pointed out that SOE monopolies harm consumers and should be brought under AML disciplines, with high rates charged by the telecommunications industry singled out as a particular concern.

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