Chapter

China <i>The Competition Law System and the Country's Norms</i>

Jessica Su and Xiaoye Wang

in The Design of Competition Law Institutions

Published in print December 2012 | ISBN: 9780199670048
Published online January 2013 | e-ISBN: 9780191744341 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670048.003.0005

Series: Law And Global Governance

China The Competition Law System and the Country's Norms

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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of China's competition law system. China's s Anti-Monopoly Law (AML) became effective in 2008. Potential violations are investigated, adjudicated, and sanctioned by three different enforcement agencies. The National Development and Reform Commission (NDRC) is responsible for price-related infringements of the AML in the areas of restrictive agreements, abuse of dominance, and administrative monopoly (abuses by state and local governmental bodies, including provincial blockages of trade across borders). The State Administration for Industry and Commerce is responsible for non-price-related infringements of the AML in the areas of restrictive agreements, abuse of dominance, and administrative monopoly. The Ministry of Commerce is tasked with enforcing the merger control regime. Above these three agencies is the Anti-Monopoly Commission, a high-level consultative and coordinating organ without law enforcement powers.

Keywords: Anti-Monopoloy Law; China; National Development and Reform Commission; State Administration for Industry and Commerce; Ministry of Commerce; Anti-Monopoly Commission

Chapter.  17283 words. 

Subjects: Competition Law

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