Chapter 16: Issues surrounding the drafting of China’s Anti-Monopoly Law
The 1997 United States v. Microsoftanti-monopoly lawsuit has caught the attention not only of the world in general, but also the Chinese government and the Chinese people. Considering the existing variety of monopolistic practices in Chinese businesses, many scholars are expressing their views on the necessity of anti-monopoly legislation in China. The Law Against Unfair Competition was passed in China in 1993. In May 1994, an Anti-Monopoly Law drafting group, which consisted of members of the legal departments of the SETC and the SAIC, was organized and established to discuss the possibility of an Anti-Monopoly Law. During the legislative process, the drafting group listened to opinions and suggestions from Chinese experts on anti-monopoly law. At the same time, international organizations and foreign countries with advanced market economy systems, such as the OECD, World Bank, UNCTAD, APEC, Germany, the United States, Japan, Australia, and South Korea, continuously supported the drafting group. The OECD in particular contributed greatly to the international symposiums organized jointly with the Chinese drafting group on Anti-Monopoly Law between 1997 and 1999, in which the draft law was discussed article by article. As of 26 February 2002, there are 56 clauses in the eight chapters of the latest draft of the Anti-Monopoly Law.Generally speaking, it is a draft with real substance.
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