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The Chinese Anti-Monopoly Law

The Chinese Anti-Monopoly Law

New Developments and Empirical Evidence

New Horizons in Competition Law and Economics series

Edited by Michael Faure and Xinzhu Zhang

This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process.

Chapter 3: Leniency and compliance: towards an effective leniency policy in the Chinese Anti-Monopoly Law

Sharon Oded

Subjects: asian studies, asian law, development studies, law and development, economics and finance, competition policy, law and economics, law - academic, asian law, competition and antitrust law, law and development, law and economics


In August 2007, China joined the large group of legal systems utilizing leniency policies in the battle against cartels.1 Article 46 of the Anti-Monopoly Law (AML), which came into force in August2008, empowers the Chinese non-merger enforcement authorities, the National Development and Reform Commission (NDR C), and the State Administration for Industry and Commerce (SAIC), to reduce or eliminate the liability of undertakings that voluntary report monopoly agreements and provide key evidence to prove these infringing agreements. The general policy stated in Article 46 has been elaborated through the implementation rules promulgated in December 2010 by the NDR C and the SAIC. These rules became effective on 1 February 2011. This chapter discusses the newly emerged leniency policy in China in light of the experience gained in the largest jurisdictions that adopted such policies: namely, the United States (US) and the European Union (EU).

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