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Download Anti-Monopoly Law and Practice in China by H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe PDF

By H. Stephen Harris, Peter J. Wang, Mark A. Cohen, Yizhe Zhang, Sebastien J Evrard

The China Anti-Monopoly legislations (AML), which turned powerful August 1, 2008, is the 1st finished festival legislation enacted through China. The AML prohibits a huge array of agreements among opponents and advertisement counterparties, in addition to aggressive behavior by way of unmarried enterprises which may damage the aggressive technique. furthermore, it establishes a compulsory administrative overview method for mergers and acquisitions among businesses assembly sure revenues thresholds, globally or in China. past those basic provisions, the AML prohibits specific sorts of administrative abuses believed to be usual in China and establishes a fancy set of administrative corporations with large powers to implement the legislation. Anti-Monopoly legislation and perform in China is the 1st complete remedy of the AML and the perform of antitrust legislation below this new method. each one bankruptcy at the significant provisions of the legislations contains functional suggestion on ways to assembly the problem of complying with the law's requisites, together with research of most probably interpretations and purposes of the AML in keeping with precedents in similar fiscal legislation and activities by means of different administrative organizations. the place coverage offerings are doubtful, the textual content will discover possible advancements in China in response to related purposes of festival legislation in different jurisdictions.

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1, 2011); see also Huang Yong, AML Never Excluded SOEs from Its Coverage, Aug. shtml (last visited Mar. 1, 2011). For actual enforcement of AML involving SOEs, please refer to Chapter 5 of this book. ” Similarly, Article 2 of the November 2005 Draft AML provided: As for monopolistic conduct prohibited by this Law, this Law does not apply where laws or administrative regulations of relevant industries or sectors provide provisions; however, this Law applies when activities of undertakings fall outside the provisions of the laws or administrative regulations of relevant industries or sectors, eliminating or restricting competition.

The AML as enacted is silent on whether AML prevails over other laws or whether sectoral regulators should cede jurisdiction to anti-monopoly authorities, leaving these issues to be worked out in future enforcement practice. Administrative monopolies. Earlier drafts of the AML contained provisions addressing administrative monopolies that seemingly provided Chinese antitrust authorities with a means of resisting demands to carve out regionally and locally controlled SOEs from the Anti-Monopoly Law’s, and thus market economy’s, purview.

106 This condition was eliminated in the June 2006 Draft AML. Article 12 of the September 30, 2005 Draft AML (Voluntary Notification) set forth procedures for seeking an exemption. Under this draft, the requesting entity would have needed to submit a notification to the Anti-Monopoly Authority, which would then have been required to decide, within thirty days, whether to grant an exemption. If the Anti-Monopoly Authority had failed to render a decision within thirty days, the agreement in question would have remained in effect.

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