Abstract

Aft er 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 fi rst 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. Th is function gives the AML a challenging role to play in balancing promoting competition with maintaining State control over strategic industries. Th is challenge not only delayed the draft ing process of this law, but also posed a few diffi culties to the implementation of the AML. Th e merger policy under the AML can be used as an example to illustrate this challenge.

Additional Metadata
Keywords merger control policy, China, competition law, Anti-Monopoly Law of, the People’s Republic of China
Promotor M.G. Faure (Michael) , T. Eger (Thomas)
Publisher Erasmus University Rotterdam , Intersentia, Mortsel (Belgie)
Sponsor This thesis was written as part of the European Doctorate in Law and Economics programme
Persistent URL hdl.handle.net/1765/51602
Series EDLE - The European Doctorate in Law and Economics programme
Note Embargo until further notice, due to a commercial edition (http://www.intersentia.com/).
Citation
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