Administrative enforcement of China's Anti-Monopoly Law is shared among three ministries, and a pan-ministry commission sits above these ministries to coordinate competition policy. This two-tiered tripartite enforcement structure has been criticized as inefficient, costly, and ineffective. In...

This paper discusses changes in the Chinese competition policy regime and analyses the key drivers of this process against the background of the Chinese choice for gradual and pragmatic structural reform. In Section 1 we discuss the reasons behind the Chinese model and argue that these drivers...

In this paper, we analyze a recent antitrust case of abuse of dominance decided by a Chinese administrative enforcement agency under China’s Anti-Monopoly Law (“AML”). A key issue in this case involves the impact of loyalty rebate programs used by a dominant firm. We provide an overview of...

This paper considers a variety of anti-competitive conducts undertaken by State-Owned Enterprises, identifies the main challenges for competition authorities in these types of investigation, the factors that create those difficulties, and if, and how, they might result in under enforcement. It...

After more than a decade of preparation, China finally passed the Anti-Monopoly Law (AML) on August 30, 2007. This paper examines the debate over whether or not administrative monopoly should be included in the ambit of the AML, which took place throughout the drafting process of this new law....

China will develop its own competition law on its own terms and on the basis of its own institutions, traditions, and goals, as it has in other recent contexts. It is unlikely to accept any foreign model of competition law as its own. In making choices about what kind of competition law to...

China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and competition authorities in other jurisdictions and the...