Due Process in Chinese Competition Law Regime

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Michael Han, Janet (Jingyuan) Wang, Jun 16, 2014

The People’s Republic of China adopted its Anti-Monopoly Law in 2008. In the following six years, China has made notable progress towards becoming one of the most robust and dynamic competition law regimes in the world. While substantive competition laws are developing rapidly in China, procedural safeguards for parties involved in antitrust proceedings seem to fall short of the due process requirements upheld in more mature jurisdictions such as the European Union and the United States.

This article provides a cursory review of the due process protections available under the current Chinese competition law and general administrative law, with a comparative view towards the due process requirements in the European Union and the United States. The main conclusion is that while the Chinese competition law regime sets out some key due process rights to parties involved in an antitrust proceeding, there is substantial room for development before antitrust due process protections become adequate, effective, and consistent in China.

 

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