Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe

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 potent August 1, 2008, is the 1st complete festival legislation enacted via China. The AML prohibits a extensive array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior via unmarried organizations that can damage the aggressive technique. furthermore, it establishes a compulsory administrative overview process for mergers and acquisitions among businesses assembly yes revenues thresholds, globally or in China. past those primary provisions, the AML prohibits particular types of administrative abuses believed to be familiar in China and establishes a posh set of administrative organizations with large powers to implement the legislation. Anti-Monopoly legislations and perform in China is the 1st accomplished therapy of the AML and the perform of antitrust legislation lower than this new method. each one bankruptcy at the major provisions of the legislations contains functional recommendation on techniques to assembly the problem of complying with the law's necessities, together with research of most likely interpretations and purposes of the AML in line with precedents in similar monetary legislation and activities through different administrative firms. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in keeping with similar functions of festival legislation in different jurisdictions.

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29, 1997, effective May 1, 1998) 1997 Standing Comm. Nat’l People’s Cong. , Issue No. htm (last visited Feb. npc. htm (last visited Feb. ). See also China’s Price Law Embodies Features of Modern Market Economy, China Bus. Info. , Apr. 30, 1998 (quoting Wei Dale of the State Development Planning Commission). Price Law, art. 14. A Brief Overview of the Context and control at the macro-level. The setting of prices shall conform to the laws of value. 35 Nevertheless, the 29. Price Law, art. 3 ; see also art.

See, for example, Mure Dickie, Beijing’s Antitrust Law Moves Closer to Fruition, Fin. Times Asia-Pacific, 5, Jan. 20, 2006 (stating that “[s]ome Beijing officials are keen to rein in international companies, such as Microsoft, that they see as exploiting market monopolies in China,” but quoting Zhang Qiong, Vice-Minister of the LAO, as saying that “[f]oreign companies do not need to worry about this” and that “[t]he basic content and principles for application of [China’s] anti-monopoly law will be consistent with those of other major countries”).

During that conference, representatives of multinational corporations emphasized their concerns about the draft’s compulsory access provision and its clause prohibiting undefined “abuses” of intellectual property (IP) rights. 60 57. 58. 59. 60. Anti-Monopoly Law of the People’s Republic of China, in Supplementation of the Joint Submission of the American Bar Association’s Sections of Antitrust Law, Intellectual Property Law and International Law, On the Proposed Law (May 19, 2005), submitted to Mr.

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