In this issue:
Assessing China’s Antimonopoly Law
In spite of the overall positive impression that the AML has made, certain aspects of the law are not satisfactory. This article focuses on three areas where structural shortcomings exist.
This article first examines how the AML deviates from international competition law norms and then discusses the potential effectiveness of the law as well as the challenges to its enforcement mechanism.
Foreign governments and the global business community are closely watching how the Peopleâ€™s Republic of China will enforce the new AML. Clearly, the Chinese government fully understands the importance of fostering innovation in its economy.
The AML presents major challenges with respect to enforcement. China’s ability to enforce the AML in a fair, comprehensive, and transparent manner will affect the development of China’s economy including, but not limited to, foreign investment.
From the perspective of substantive law, in this article I give a brief overview of the three pillars of China’s new Antimonopoly Law. In the last section, I discuss the challenges of enforcing the Law.
This article will discuss certain challenges in implementing the AML given ambiguities and uncertainties that call for special attention.
Some would argue that the implementation of the Antimonopoly Law is an important milestone along the road of China’s transition to a market-orientated economy in which private capital plays a pre-dominant role, just as it does in developed economies in other parts of the world.