It probably goes without saying that anti-monopoly law and practice are of
very recent vintage in China. In August 2008, 118 years after the Sherman Act
and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came
into effect. Since then the enforcement of the AML has seen significant
progress as well as considerable challenges. This volume, comprised of 27
highly informative contributions by more than 40 government officials,
academics, economists, in-house lawyers, and private practitioners, introduces
novice practitioners to the complexities of antitrust law in China and
provides new insight for those already working in the field. Generally
following the structure of the text of the AML, topics and issues covered
include the following:
-
an overview of the first five years of AML implementation;
-
the institutional framework for antitrust enforcement in China;
-
monopoly agreements between market players;
-
abuses of dominance committed by a single company;
-
problems and potential solutions for information exchanges between competitors;
-
the economics underlying retail price maintenance;
-
procedural and substantive practice of merger decisions;
-
the application of merger control to joint ventures;
-
‘administrative monopolies’ and the tension between competition and industrial
policies;
-
ways to seek legal redress;
-
litigation (both administrative and civil) and the role of the courts;
-
international cooperation efforts made in relation to Chinese antitrust
enforcers;
-
the relationship between the AML and China’s anti-bribery rules;
-
the treatment of vertical integration or cooperation; and
-
how the AML rules apply to intellectual property rights.
Throughout the book there are analyses of major judgments with key conclusions
to be drawn from them, as well as comparisons with corresponding judgments in
other jurisdictions. This book is the first comprehensive analysis of the AML,
and as such will be of inestimable value to business persons and in-house
counsel, as well as to academics in Chinese law and competition law from a
global perspective.
List of Editors and Contributors. Preface. List of Abbreviations.
Chapter 1
General Introduction.
Chapter 2 Background and Context.
Chapter 3
Monopoly Agreements and Abuse of Dominance.
Chapter 4 Merger Control.
Chapter 5 Government Restrictions to Competition.
Chapter 6
Litigation.
Chapter 7 International Dimension.
Chapter 8
Cross-Cutting Issues.
Chapter 9 Outlook.
Appendix: Anti-Monopoly
Law of the People’s Republic of China. Table of Legislation. Index.
