Five years of implementation of China's Anti-Monopoly Law-achievements and challenges

被引：12

作者：

Wang, Xiaoye ^{[1
,2
,3
]}

Emch, Adrian ^{[4
]}

机构：

[1] Hunan Univ, Law, Changsha, Hunan, Peoples R China

[2] Chinese Acad Social Sci, Law, Beijing, Peoples R China

[3] State Council Peoples Republ China, Consultat Expert Panel Antimonopoly Commiss, Beijing, Peoples R China

[4] Peking Univ, IP Sch, Beijing, Peoples R China

来源：

JOURNAL OF ANTITRUST ENFORCEMENT | 2013年 / 1卷 / 02期

关键词：

antitrust; anti-monopoly law; Ministry of Commerce; National Development and Reform Commission; State Administration for Industry and Commerce; private antitrust litigation;

D O I：

10.1093/jaenfo/jnt010

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

China's Anti-Monopoly Law came into effect five years ago-on 1 August 2008-and as such is one of the youngest antitrust laws in the world. This article explores the achievements of the competition regime over the past years, and the challenges lying ahead. The Anti-Monopoly Law has been enforced by a number of agencies-namely, the Ministry of Commerce, the National Development and Reform Commission, the State Administration for Industry and Commerce and the courts through some influential cases, such as a few conditionally cleared merger decisions and the investigation against China Telecom and China Unicom. Without underestimating these successes, these cases also reveal the considerable challenges faced by the new regime.

引用

页码：247 / 271

页数：25