By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard
The China Anti-Monopoly legislation (AML), which grew to become potent August 1, 2008, is the 1st accomplished festival legislation enacted via China. The AML prohibits a wide array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by means of unmarried companies which may damage the aggressive procedure. moreover, it establishes a compulsory administrative evaluation approach for mergers and acquisitions among businesses assembly convinced revenues thresholds, globally or in China. past those primary provisions, the AML prohibits specific sorts of administrative abuses believed to be time-honored in China and establishes a posh set of administrative firms with vast powers to implement the legislations. Anti-Monopoly legislations and perform in China is the 1st complete remedy of the AML and the perform of antitrust legislations below this new method. each one bankruptcy at the substantial provisions of the legislation comprises useful suggestion on methods to assembly the problem of complying with the law's requisites, together with research of most probably interpretations and functions of the AML according to precedents in similar financial legislation and activities via different administrative firms. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in response to related purposes of festival legislation in different jurisdictions.
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Extra resources for Anti-Monopoly Law and Practice in China
These provisions prohibiting bid-rigging were not referenced in the provisions exempting certain horizontal or vertical agreements that would otherwise be prohibited, thus apparently rendering bid-rigging the only type of anticompetitive agreement categorically excluded by those drafts from qualifying for an exemption, unlike other forms of “hard core” price-fixing agreements (of course, there are no provisions for exemption in other laws with competition law elements such as the Price Law). In order to avoid overlapping with explicit prohibition of bid-rigging under the Bidding Law102 and the AUCL, the AML, as adopted, does not contain a separate prohibition on bid-rigging, although it may be covered by the catchall provision under Article 13 of the AML.
If the Anti-Monopoly Authority had failed to render a decision within thirty days, the agreement in question would have remained in effect. This prior draft required any decision prohibiting an agreement to be made in writing, and it gave the Anti-Monopoly Authority the power to place additional restrictions on the implementation of the exempted agreement. ” The Anti-Monopoly Authority was empowered to withdraw an approval on the grounds enumerated in Article 13 of the September 30, 2005 Draft AML, including where: (i) the economic situation has substantially changed; (ii) the original reasons for approval no longer exist; (iii) the undertakings breach the additional conditions imposed upon; or (iv) the original approval was made based on false information provided by the undertakings.
Inquiry 435, 438–39 (1997) (noting that the meanings of “free competition” and “fair competition” have not remained stable over time, and that, at one time, fair competition included a “right to combine to avoid the excesses of competition to the death”). 72. See generally Chapter 9 of this book. 73. For discussion of reform of Chinese Economy and SOEs, please refer to Chapter 5 of this book. 74. See generally Jung & Hao, 24 Nw. J. Int’l L. & Bus. supra note 22, at 125. 78 However, the above language referring to the protection of business operators was deleted from Article 1 of the February 2004 Draft AML and remains absent from Article 1 of the AML as enacted (with the exception of the reference to protection of small- and medium-sized enterprises in the agreement exemption provision, art.