This seminar, presented on September 16, 2009 by Mr. Martyn Huckerby at the leading Asia-Pacific law firm of Mallesons Stephen Jaques, provides a basic introduction to the Chinese legal framework and Chinese antitrust law. It focuses on China's Anti-Monopoly Law (“AML”), which took effect on August 1, 2008. The AML revolutionized business and legal practice in China. Since its implementation, Chinese antitrust regulators have taken steps to assert China as the leading Asia-Pacific country for antitrust enforcement. Notably, the AML is one of the only antitrust laws in the world to provide a minimum penalty for proven antitrust infringements.
Mr. Huckerby provides a thorough overview of the AML, including the legal and regulatory regime that led to its implementation. He highlights the key provisions of the AML and other relevant antitrust laws, regulations, and rules in China, as well as describes China’s existing competition policy agencies. Mr. Huckerby also explores the latest merger control decisions, intellectual property, and judicial rules that suggest a new class action system may soon be introduced, and the status of private actions, an issue that is currently progressing through the Chinese courts. Throughout the lecture, Mr. Huckerby discusses several recent and interesting cases; at the end of the lecture he fields several questions.
This course is available to everyone, without charge, courtesy of the CPI Leaning Center. Click here to view this course.