By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard
The China Anti-Monopoly legislation (AML), which turned powerful August 1, 2008, is the 1st accomplished pageant legislation enacted by way of China. The AML prohibits a vast array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior through unmarried businesses which could damage the aggressive procedure. furthermore, it establishes a compulsory administrative overview process for mergers and acquisitions among businesses assembly sure revenues thresholds, globally or in China. past those primary provisions, the AML prohibits particular types of administrative abuses believed to be established in China and establishes a fancy set of administrative organisations with huge powers to implement the legislations. Anti-Monopoly legislations and perform in China is the 1st entire remedy of the AML and the perform of antitrust legislations less than this new process. every one bankruptcy at the great provisions of the legislations comprises functional suggestion on methods to assembly the problem of complying with the law's requisites, together with research of most likely interpretations and purposes of the AML in accordance with 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 according to similar purposes of festival legislation in different jurisdictions.
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Additional info for Anti-Monopoly Law and Practice in China
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.
S. antitrust law in focusing on protecting the competitive process and not individual market participants). , Inc. v. S. 294, 320 (1962) (noting that the antitrust laws were enacted for “the protection of competition, not competitors”). 78. See Reiter v. S. 330, 343 (1979) (stating that the Sherman Act was designed as a “consumer welfare prescription”). 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.
TFEU, art. 101. The Anti-Monopoly Law 29 Agreements), which comprises Articles 13 through 16. 100 This was another subject of considerable discussion at the International Seminar on Anti-Monopoly Legislation. 101 The AML, as adopted, treats horizontal agreements, in Article 13, separately from vertical agreements, in Article 14. Bid-rigging. Previous drafts of the AML contained provisions, such as Article 10 of the November 2005 Draft AML and Article 9 of the June 2006 Draft AML, that constituted a separate prohibition on rigging bids to eliminate or restrict competition.
Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard