Chapter 17: Unfair competition and anti-competition
In the process of the drafting the Chinese Anti-Monopoly Law, some people suggested that the wording ‘safeguarding fair competition’ in Article 1 for the purpose of the draft should be replaced by ‘safeguarding competition’. According to their argument, were the Anti-Monopoly Law to safeguard fair competition rather than competition alone, it would create confusion in understanding the differences between the Anti-Monopoly Law and the existing Law Against Unfair Competition. Another group of scholars was content that the word ‘fair’ should not be omitted from this sentence but felt the word ‘free’ should be added so that the purpose of the Anti-Monopoly Law would be, among others, to safeguard both fair competition and free competition. According to their view, the purpose of the anti-Monopoly Law should not only be to safeguard fair competition and fight against unfair competition, but, most importantly, also to safeguard free competition and fight against restrictive competition. What is free competition? What is fair competition? What is restriction on competition? What is unfair competition? What kinds of differences exist between them? These are basic questions for the scholars who are working with competition law and competition policy.
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