The Evolution of China’s Anti-Monopoly Law
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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.
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Chapter 4: Market access of the non-public economy and anti-monopoly law

Xiaoye Wang


On 24 October 2005, the State Council published Several Opinions of the State Council on Encouraging, Supporting and Guiding the Development of Individual and Private Economy and Other Non-Public Sectors of the Economy_(Opinions). According to the Opinions, in China’s early socialist stage, the state should not only keep strengthening and developing the state-owned economy, but also adamantly encourage, support, and guide the development of the non-public economy. Experiences gained over more than 20 years of implementing the ‘Reforms and Open-Door’ policy demonstrate that vigorously developing the private economy, and in particular broadening the market entry/access for the private economy, not only contributes to the boosting of urban and rural economies, an increase of revenue for the state, the expansion of employment opportunities, and the improvement of livelihoods, but also has significant meanings for the breaking up of monopolies (in particular in sectors like electricity, telecommunications, railways, postal services, airlines, oil, finance, insurance, and securities) accelerating the separation of the functioning of the state and enterprises, and enhancing the competitiveness of business enterprises. Without a doubt, relaxing market access for the private economy and providing an environment of fair and free competition for business enterprises with different ownership are the indispensable preconditions for the legislation and implementation of China’s Anti-Monopoly Law. In February 2005, I was invited by the Unirule Institute of Economics to participate in a discussion regarding a dispute between Maohua Shihua (MS) and Sinopec. The basic facts of the case are as follows.

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