The Anti-monopoly Law’s next stage of evolution
China’s antitrust regulators recently released new draft regulations that address, among other key clarifications, the enforcement of prohibitions in the anti-monopoly law. However, one notable area the draft omits is how the competition rules will treat intellectual property
Issue: July/August 2010
Keywords (click to search):
AML
new draft
Simpson
enforcement
China’s increasingly assertive antitrust regime has wide-ranging implications for companies doing business or engaging in transactions in China. Business leaders worldwide must now account for China’s Anti-monopoly Law (AML) in their business decisions. While the competition laws and enforcement regimes in the United States and European Union are well-established, they have on occasion taken divergent approaches, as regulators on opposite sides of the Atlantic have disagreed on the appropriateness or application of certain theories of competitive harm. Now firms with major cross-border operations must also consider how the development of Chinese antitrust law will affect their activities. This task can be difficult because Chinese antitrust law is still emerging, and its practical application by Chinese regulators is in its infancy.
Recently, China’s State Administration for Industry and Commerce (SAIC) proposed new regulations aimed at clarifying some of the prohibitions in the AML. These proposed regulations prohibit...
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