The AML and related secondary legislation in China do not distinguish between corporate joint ventures and cooperative joint ventures.Īrticle 20 AML and Article 3 of the Measure Governing the Declaration on Concentrations of Undertakings, 21 November 2009. This framework ensures that China’s antitrust regime now operates with a degree of transparency and predictability. Very recently, rules against monopoly agreements and abuse of dominance have also been adopted. Since the AML - the first comprehensive competition statute - entered into force, Chinese competition enforcement authorities have enacted some secondary legislation on merger review. 62.ĭina Kallay, ‘China’s New Anti-Monopoly Law: An International Antitrust Convergence Perspective’, Remarks delivered at Melbourne Law School’s Conference ‘Unleashing the Tiger? Competition Law in China and Hong Kong’ (2008), available at. Xiaoye Wang, ‘Woguo Xin Fanlongduanfa Xiping’, in Xiaoye Wang and Ben Qiu, eds., Jingji Faxue de Xin Fazhan (Beijing, China Social Sciences Press 2008) p. Xiaofei Mao, ed., Fanlongduan Dianxing Anli ji Zhongguo Fanlongduan Zhifa Diaocha (Beijing, Law Press 2007, Beijing), at pp. The AML draws a clear distinction between public enforcement and private enforcement however, procedural rules of private action, such as regarding admissibility, competence, evidence standards and so forth, need to be set, if necessary, through judicial interpretations of the Supreme People’s Court. Īrticles 9 and 10 of the AML, 30 August 2007. See Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L 1/1,, and Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentration between undertakings, OJ L 133. In the EU, the European Commission is empowered to investigate and adjudicate on any potential anti-competitive practices and mergers that may influence trade between the Member States. In the bifurcated judicial model, the authority has the power of investigation and must bring enforcement actions before courts of general jurisdiction, with rights of appeal to general appellate courts in the bifurcated agency model, the authority has the power of investigation and must bring enforcement actions before specialised competition adjudicative authorities, with rights of appeal to specialised appellate bodies or general appellate courts and in the integrated agency model, the authority has the power of investigation and adjudication, with rights of appeal to general or specialised appellate bodies. Iacobucci, ‘Designing Competition Law Institutions: Values, Structure, and Mandate’, 41 Loyola University Chicago Law Journal (2010) pp. Mark Furse, ‘Competition Law Choice in China’, 30 World Competition: Law and Economics Review (2007) p. Gerber, ‘Economics, Law & Institutions: The Shaping of Chinese Competition Law’, 26 Washington University Journal of Law & Policy (2008) p. Dabbah, ‘The Development of Sound Competition Law and Policy in China: An (Im)possible Dream?’, 30 World Competition: Law and Economics Review (2007) p. On the one hand, the author includes some meaningful studies on selected landmark decisions on merger control published so far by the Ministry of Commerce of China, and, on the other hand, focuses on the judicial enforcement by People’s Courts through private actions for antitrust-type claims for damages. Like most Chinese laws, the AML emphasises administrative enforcement over judicial enforcement. This paper aims to analyse the latest enforcement developments in these three broad areas upon the three-year anniversary of the AML. The AML addresses three broad categories of monopolistic conduct by business operators: monopoly agreements, abuse of dominance, and anti-competitive concentrations. Since China’s first comprehensive competition statute, the Anti-Monopoly Law (AML), took effect on 1 August 2008, Chinese competition enforcement authorities have enacted secondary legislation on merger review.
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