Chapter 20: China’s Anti-Monopoly Law: Agent of Competition Enhancement or Engine of Industrial Policy?
Xiaoye Wang* and Jessica Su** It has been observed that the topic of competition policy objectives is an evergreen one with new components. Depending on the stage of economic development and the size of the economy, the variation in competition policy objectives is seen both across time and across jurisdictions.1 As the first comprehensive competition law of the world’s largest emerging market, China’s Anti-Monopoly Law 2007 (AML) and the law’s objectives have drawn great interest inside and outside the global antitrust community.2 This chapter assesses the relationship between competition policy and industrial policy in the context of the AML and the evolving AML enforcement in China. Through exploring the industrial policy implications of the relevant AML provisions, the Coca-Cola/Huiyuan decision and the merger between China Unicom and China Netcom, this chapter attempts to answer whether the AML is an agent of competition enhancement or an engine of industrial policy. 1 INTRODUCTION China practised a socialist centrally planned economy from 1949 until 1978. Since the late 1970s, China has been in a transition from a planned * Distinguished Professor of Law, Chinese Academy of Sciences. ** Postdoctoral Fellow, Chinese Academy of Social Sciences. The authors would like to thank Deborah Healey for helpful comments. 1 American Bar Association, ‘Report on Antitrust Policy Objectives’, § IIIA, http://www.abanet.org/antitrust/at-comments/2003/2003.shtml; World Bank and OECD, A Framework for the Design and Implementation of Competition Law and Policy, World Bank and OECD, Washington D.C. (1999), 1–7. 2 For the purpose of this chapter, ‘China’ refers to the mainland...
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