Overview

The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.

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9780195394788

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Reviews

"""This is an extraordinary treatise on the Chinese Anti-Monopoly Law, and should be on the desk or nearby shelf of every antitrust practitioner, academic and policymaker whose work or interest involves modern-day China, the relationship of the state to the market, and its transition to a socialist market economy. The book is an invaluable resource. It is clear, straightforward, and comprehensive in its presentation of the fundamental details, its identification of the ambiguities, and its overview and perspective."" --Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law ""Anti-Monopoly Law and Practice in China is an insightful and comprehensive account of an increasingly important area of Chinese law. The authors provide detailed coverage of a number of important issues that are central not only to the development of China's Anti-Monopoly Law, but also are at the heart of China's rise as an economic power. It will be helpful reading for practitioners, scholars, and policy-makers."" --Benjamin L. Liebman, Robert L. Lieff Professor of Law and Director, Center for Chinese Legal Studies, Columbia Law School ""Chinese Anti-Monopoly Law (AML) is now one of the most important antitrust regimes in the world, and this book provides the first comprehensive analysis of the AML. It describes not only the substantive and procedural provisions of the law, but also compares the AML with other antitrust regimes, and describes relevant cases since its implementation. This book will be useful to any corporation doing business in China as well as anyone interested in China's economic and legal systems."" --Xiaoye Wang, Professor of Law, Chinese Academy of Social Sciences ""This is an absolutely amazing book. Amazing because it is clearly written, comprehensive and highly relevant and that is a rare beast among law books...the book not only does an exceptional job covering China's anti-monopoly laws, it does an exceptional job putting them in their context."" --Dan Harris, China Law Blog, www.chinalawblog.com ""Indeed, the book provides a clear and comprehensive survey of Chinese antitrust provisions - the first of its kind in the English language. It frequently provides references to the antitrust rules in the United States and the European Union, which have been a source of inspiration for the Chinese legislators drafting the AML and other antitrust rules, and thereby helps to put the Chinese provisions into their broader context. Hence, for foreign practitioners, scholars and students alike, Anti- Monopoly Law and Practice in China will be a very welcome source of information."" --Hong Kong Lawyer Adrian Emch, Counsel, Hogan Lovells, Lecturer, Peking University IP School ""A comprehensive treatise on the AML authored by a group of the most seasoned practitioners in the field...What is most striking about this book is its breadth and depth: it discusses almost all conceivable issues related to the AML, and it discusses them in a thoughtful manner...This book does a tremendous job of not only documenting what is already known about the AML, but also identifying and flagging all areas of importance that need further clarifications. This roadmap of the knowns and unknowns in Chinese antitrust will prove handy for everyone, including even China's antitrust regulators as they forge through what will be unchartered territory for them in the coming years."" --Wentong Zheng, Competition Law Journal (2011)"

<br> This is an extraordinary treatise on the Chinese Anti-Monopoly Law, and should be on the desk or nearby shelf of every antitrust practitioner, academic and policymaker whose work or interest involves modern-day China, the relationship of the state to the market, and its transition to a socialist market economy. The book is an invaluable resource. It is clear, straightforward, and comprehensive in its presentation of the fundamental details, its identification of the ambiguities, and its overview and perspective. <br>Eleanor Fox <br>Walter J. Derenberg Professor of Trade Regulation <br>New York University School of Law <br><p><br> Anti-Monopoly Law and Practice in China is an insightful and comprehensive account of an increasingly important area of Chinese law. The authors provide detailed coverage of a number of important issues that are central not only to the development of China's Anti-Monopoly Law, but also are at the heart of China's rise as an economic power. It will be

Author Information

H. Stephen Harris, Jr. is a partner in the Washington, DC office of Baker & McKenzie, where he handles U.S. and international antitrust litigation, mergers and acquisitions, and cartel investigations, as well as counseling on antitrust compliance. Peter J. Wang is a partner in the Shanghai and Beijing offices of Jones Day, where he handles complex disputes and antitrust matters in and relating to China, the United States, and worldwide. He also leads Jones Day's China antitrust practice. Yizhe Zhang is a senior associate in the Beijing office of Jones Day, where she specializes in competition law. Prior to joining Jones Day, she was an official with MOFCOM, and was involved in the drafting of the Anti-Monopoly Law. Mark A. Cohen was formerly counsel to the Beijing office of Jones Day, where he specialized in intellectual property matters and technology transfer. He has over 25 years legal experience in China. Sébastien J. Evrard is a partner in the Beijing office of Jones Day, where he focuses its practice on competition law in China and the European Union.

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