The Influence of EU and US Legal Theory on Competition Law in China: Divergence and Convergence

Posted by Social Science Research Network

The Influence of EU and US Legal Theory on Competition Law in China: Divergence and Convergence–  Liyang Hou (Shanghai Jiao Tong University)

Abstract: This small essay briefly discusses the influence of EU and US antitrust legal theories in China. It is well-known that China’s Anti-monopoly Law is modelled on EU competition law. However, the recent J&J case, a case of resale price maintenance, shows significant influence from the US. This convergence is nevertheless not compatible with the analytical framework established by the Anti-monopoly Law.