This dissertation was written as part of the LLM in Transnational and European
Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic
University.
This dissertation shall endeavor to present the Anti-Monopoly Law of China that came
into force on August 1, 2008 and changed the landscape of competition law in a
country where the concept of competition was unknown prior the 1990s. The AML
consists of eight chapters: general provisions, monopoly agreements, abuse of
dominant market position, concentration of undertakings, abuse of administrative
power to eliminate or restrict competition, investigation into suspected monopolistic
conduct, legal liabilities and supplementary articles.
The purpose of this dissertation is to present the four basic pillars of Chinese
competition law, i.e. monopolistic agreements, abuse of a dominant market position,
mergers (concentrations under the AML) and abuse of administrative power, as well as
the enforcement regime established under the AML. The historical and political
context, prior and during the drafting of the law, is mentioned, as well as the
controversies over certain provisions. The AML, while a competent competition law,
has several weaknesses that are presented as part of this dissertation' s analysis.
Special notice should be given to the enforcement framework established under the
AML and the unique decision of the State Council of China to authorize three differents
enforcement agencies (MOFCOM, NRDC and SAIC). Ultimately, the influences from
foreign legislation (European Union legislation, United States legislation) and
international practices combined with the characteristics of Chinese society
contributed in the creation of the AML.
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