Comparative Analysis of Merger Control Policy: lessons from China
Vergelijkende analyse van fusiecontrolebeleid: lessen voor China
After thirteen years of discussion, on 30 August 2007, the Anti-Monopoly Law of the People’s Republic of China (‘AML’) was promulgated by the 29th session of the 10th Standing Committee of China’s National People’s Congress, and this law came into force on 1 August 2008.
Although China is not the first developing country to adopt a competition law, there are several reasons which make this AML special. Given China’s incomparable level of involvement in international trading and investment, the enactment of the AML raised the interest of both scholars and entrepreneurs around the globe. More importantly, diff ering from antitrust laws in many jurisdictions, the AML plays an important role in laying the legal foundations for a socialist market economy. This function gives the AML a challenging role to play in balancing promoting competition with maintaining State control over strategic industries. This challenge not only delayed the draft ing process of this law, but also posed a few diffi culties to the implementation of the AML. The merger policy under the AML can be used as an example to illustrate this challenge.
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|M.G. Faure (Michael) , T. Eger (Thomas)|
|Erasmus University Rotterdam , Intersentia, Mortsel (Belgie)|
|This thesis was written as part of the European Doctorate in Law and Economics programme|
|EDLE - The European Doctorate in Law and Economics programme|
|Organisation||Erasmus School of Law|
Ma, J. (2014, July). Comparative Analysis of Merger Control Policy: lessons from China. EDLE - The European Doctorate in Law and Economics programme. Intersentia, Mortsel (Belgie). Retrieved from http://hdl.handle.net/1765/51602