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The Evolution Of China’s Anti-Monopoly Law

The Evolution Of China’s Anti-Monopoly Law

Author: Xiaoye Wang
Publisher: Edward Elgar Publishing
ISBN: 9781781952498
Published In: August 2014
Format: Hardback , 512 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘This is an extraordinary collection of essays, most previously available only in Chinese, by the leading world authority on China’s Anti-Monopoly Law. They are necessary reading for a holistic understanding of the law as a unique product of its history, its purposes and foundations, and its early applications. Probably no other scholar could produce such a thoughtful, clear, and both theoretically and practically helpful collection.’
– Eleanor M. Fox, New York University School of Law, US

‘The transformation of a planned economy to a more market oriented economy is among the most challenging tasks of responsible political leadership. China’s move towards a market economy left the outside world in unbelieving wonder. The adoption of an anti-monopoly law is a necessary and particularly difficult part of such a project. An anti-monopoly law interferes with vested political and economic interest. The certainties of plans are gradually substituted by the uncertainties of markets and the vagaries of competition. Such decisions have a constitutional dimension. They would not be possible without profound legal and economic advice by scholars who are prepared to become identified with and argue for the new order. Such a scholar is Prof. Xiaoye Wang. The account of her life indicates the long way she had to travel to become one of the foremost competition law scholars in her own country and on a truly global level. This book highlights her scholarly accomplishments as well as her courage and independence in the service of an effective Chinese Anti Monopoly Law. It has been my good fortune that Professor Wang at the beginning of her career accepted my advice in the preparation of her doctor’s dissertation at the Hamburg Max-Planck-Institute.’
– Ernst-Joachim Mestmäcker, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany

China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China’s AML to the international community, through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang.

Xiaoye Wang provides a unique and invaluable ‘insider perspective’ into how China and its incipient antitrust regime work. This book therefore serves as a key reference text, which comprehensively outlines the historical background of China’s enactment of the AML, engages in comparative legal analysis to explain the basic contents of the law, analyses its existing problems, and considers the various challenges it will face in implementation. This book also records the AML’s difficult legislative journey, and reflects upon the views and different perspectives that the Chinese society has on the market economy, market competition, and other important theoretical questions.

Antitrust practitioners and in-house lawyers, academics and policymakers alike will be interested in this book. China has become too important an antitrust jurisdiction, and too important a market, for any person with an interest in antitrust to ignore.
Contents: Preface by Professor Allan Fels Preface by the author: My Anti-Monopoly Law Research Path Part I: Theoretical Foundation of China’s Antimonopoly Law 1. Why Needs China Anti-Monopoly Law? 2. Antimonopoly Law and Building a Harmonious Society 3. Antimonopoly Law and China’s Economic Reform 4. Market Access of the Non-Public Economy and Anti-Monopoly Law 5. Legal Suggestions for Reforming Monopoly Industries 6. China’s Competition Law in the Global Competition 7. The Impacts of the WTO Competition Policy Negotiation in China 8. WTO Accession and the Formulation of China’s Anti-Monopoly Law 9. The Prospect of Antimonopoly Legislation in China Part II: Selected Issues Related China’s Antimonopoly Legislation 10. The Goals of China’s Anti-Monopoly Law 11. Anti-Monopoly Law and Industry Price Self-Discipline 12. Anti-Monopoly Regulation of the Market Behaviour of Public Utility Enterprises 13. The Legal Regulation of Administrative Restrictions on Competition 14. Anti-Monopoly Law in the Compulsory Licensing of Intellectual Property 15. Some Issues Surrounding the Anti-Monopoly Enforcement Authority in China 16. Issues Surrounding the Drafting of China’s Antimonopoly Law 17. Unfair Competition and Anti-Competition Part III: Comments on China’s Antimonopoly Law 18. Comments on Merger Control under China’s Antimonopoly Law 19. Highlights of China’s New Antimonopoly Law 20. Analysis and Comment on China’s Anti-Monopoly Law Part IV: On the Enforcement of China’s Antimonopoly Law 21. China’s Antimonopoly Enforcement Agency Should Say No to the BHP-Rio Tinto Merger 22. Comments on MOFCOM’s Decision on Coca-Cola/Huiyuan 23. Reflections on the NDRC Case Against China Telecom and China Unicom 24. China’s Anti-Monopoly Law for Three Years: Achievements and Challenges List of Main publication Anti-Monopoly Law of the People’s Republic of China
Xiaoye Wang, Professor of Hunan University and Chinese Academy of Social Sciences and Consultative Expert for the Anti-Monopoly Commission under the State Council of the People’s Republic of China