The Chinese Anti-Monopoly Law
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The Chinese Anti-Monopoly Law

New Developments and Empirical Evidence

Edited by Michael Faure and Xinzhu Zhang

This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process.
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Chapter 1: Recent developments in regulation and competition policy in China: trends in private civil litigation

Susan Beth Farmer


Effective enforcement of competition laws and regulations benefits society, consumers and market participants, and promotes a competition culture. Private civil actions can contribute to healthy economic development (AML Article 1), consumer welfare, and economic efficiency and more complete and effective enforcement of competition law. This chapter discusses developments in private civil actions under the Chinese AML in the context of recent Provisions of the Supreme People’s Court, national development goals, and the experience of four years of active civil litigation. A spokesperson of the Intellectual Property Tribunal of the Supreme People’s Court reflected on the multifaceted role of competition law as back ground to and in response to questions concerning the new Judicial Interpretation (JI) on matters of antimonopoly jurisdiction, evidence, burdens of proof and other trial practices. By prohibiting anticompetitive activities and protecting competition, the antimonopoly enforcement contributes to the maintenance of market order, he explained. Competition’s goals include protection of consumers and undertakings, promotion of the public interest, enhancing competitiveness and economic security, as well as ‘promoting the healthy development of the socialist market economy’.

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