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The Evolution of China’s Anti-Monopoly Law

The Evolution of China’s Anti-Monopoly Law

Xiaoye Wang

China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China’s AML to the international community through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang.

Chapter 7: The impacts of WTO competition policy negotiation in China

Xiaoye Wang

Subjects: asian studies, asian law, law - academic, asian law


The establishment of the WTO and the substantial mutual reductions of tariffs between its members mark a big step towards liberalization of world trade. However, liberalization of world trade is far from having been achieved. In international trade, besides governmental tariff and non-tariff barriers many anti-competition practices among enterprises exist, such as price-fixing cartels, abuse of dominant positions, and excessive large-scale mergers leading to excessive economic concentrations (for example, the proposed merger of the US firms General Electric and Honeywell in 2000 which was prohibited by the European Community in the summer of 2001). With economic globalization, especially with the ever-increasing number of mega-mergers, the competition laws of various countries are confronted with serious challenges. On the one hand, it is necessary for the competition authority in each state to take into account the reality of economic globalization, especially the expansion of the market; on the other, in order to reduce and avoid the substantial negative impact on international competition, in particular by mega-mergers, the competition authorities should strengthen their cooperation and coordination, including the field of legal procedures. Up to now, in cases involving international cartels or mega-mergers with transnational impact, the US has usually exercised its jurisdiction according to the ‘effects doctrine’, which was established by the US Federal Court in the Al-coa case in 1945.

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