Edited by Roger Zäch, Andreas Heinemann and Andreas Kellerhals
Chapter 6: Thirty Years of PRC Anti-monopoly Law under ‘State-Market’ Yardstick: From Retrospective and Prospective Viewpoints
Yong Huang and Shan Jiang
6. Thirty Years of PRC Antimonopoly Law under ‘State-Market’ Yardstick: From Retrospective and Prospective Viewpoints Yong Huang* and Shan Jiang** INTRODUCTION 1 The reform and opening-up of China has had a 30-year-long history since 1978 and the formation of the substantive anti-monopoly law in China has also gone through about thirty years from 1980, when the Temporary Regulation of the State Council on Expansion and Protection of the Socialist Competition was enacted, to 2007 and 2008, when the formal Anti-monopoly Law was enacted and became effective.1 Anti-monopoly law is deemed the ‘Magna Carta of free enterprise’2 in major developed countries in the western world, while the transplant of the law in China is a tortuous process, during which the top-down state will was the main power to push the enacting of laws and regulations.3 With the in-depth * Professor of Law, Director of the Economic Law Department, University of International Business and Economics, Beijing, P.R. China. ** Economic Law Department, University of International Business and Economics, Beijing, P.R. China. 1 The term ‘anti-monopoly law’ is used in this chapter to refer to all the laws and regulations policing monopoly, while the short name AML is used to refer to the Law of Anti-Monopoly, the formal antitrust code, i.e. the Anti-Monopoly Law of the People’s Republic of China enacted on 30 August 2007. 2 ‘Antitrust laws in general and the Sherman Act in particular, are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our...
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