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China’s Proposed Anti-Monopoly Law: The U.S. and European Perspectives

Asian Law & Practice, Vol. II, Issue 6
November 2004

This article, co-authored by Zelle Hofmann Attorneys, Daniel Mason and Jiangxiao Hou, published in a prominent Asian law journal, provides an extensive review and analysis of China's draft Anti-Monopoly Law in light of the U.S. and European experiences in constructing and implementing antitrust laws. This article first reviews the development and current status of China's competition laws. It then compares the draft Anti-Monopoly Law's six main provisions with principles of U.S. and European law, including the overarching goals, monopoly agreements, abuse of market dominant position, mergers and concentrations, administrative monopolies, and enforcement. It is observed that the draft Law has incorporated common antitrust law principles that have been practiced by the United States and EU over decades. However, the draft Law was also crafted to suit China's unique economic, social and political concerns. 

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