Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

As regards its extraterritorial application, Article 2 of the AML states “The present Law shall apply to monopolistic practices in economic activities within the territory of the People's Republic of China. The present Law shall also apply to monopolistic practices outside the territory of the People's Republic of China if they eliminate or restrict market competition in China.”
Article 1 states:  …

Scope

The Anti-Monopoly Law (the AML), which was adopted by the National People's Congress on 30 August 2007 and came into force on 1 August 2008, is the main piece of legislation governing restrictive arrangements in the People's Republic of China (PRC). In June 2022, the AML was significantly modified by the Amendment to the Anti-Monopoly Law of the PRC which became effective on 1 August 2022. Other less significant laws dealing with competition related issues include the Price Law of 1998, the Bidding Law of 2000 and the Anti-Unfair Competition Law of 1993. The latter was significantly amended on 4 November 2017 and no longer contains any prohibition on predatory pricing, tying, abuse of administrative power by government agencies or bid-rigging, which are now exclusively covered by the AML. In March of 2018, the People's Congress merged three previously separate competition law enforcers into one, the State Administration of Market Regulation (SAMR) in order to increase efficiency and consistency in the enforcement of the AML provisions. In November 2021, SAMR became SAMA (State Administration for Anti-Monopoly) taking this Authority to the deputy ministerial-level and giving it additional resources. This new development underlines China's growing commitment to its antitrust regulatory regime. 

Continuing along this path, in 2024 the Council of State issued a regulation requiring Chinese administrative authorities to assess the impact on competition when drafting legislation and to ensure fair competition between state-owned and private enterprises.

Context

As regards its extraterritorial application, Article 2 of the AML states “The present Law shall apply to monopolistic practices in economic activities within the territory of the People's Republic of China. The present Law shall also apply to monopolistic practices outside the territory of the People's Republic of China if they eliminate or restrict market competition in China.”

Article 1 states: “The present Law is enacted for the purpose of preventing and restraining monopolistic practices, protecting fair market competition, encouraging innovation, improving economic efficiency, safeguarding the interests of consumers and the public, and promoting the sound development of the socialist market economy.”

Under Article 3 “monopolistic practices” include “the conclusion of a monopoly agreement", the “abuse of dominant market positions” and the “concentration of undertakings that eliminates or restricts competition or may eliminate or restrict competition”.

In order to reduce the scope of exemptions, Article 8 provides that “The State protects the lawful business activities of the undertakings in the industries controlled by the State-owned economy, concerning the lifeline of the national economy and involving national security or the industries that implement exclusive franchise according to law. The State also lawfully regulates and controls the business activities of the undertakings and the prices of their commodities and services so as to safeguard the interests of consumers and promote technological advancement.” This article adds however that “[u]ndertakings in the industries stipulated in the preceding paragraph shall carry out their business activities pursuant to the law, act in good faith and strict self-discipline, accept public supervision, and shall not use their dominant or exclusive positions to harm the interests of consumers”

On the other hand, Articles 68 and 69 preserve intellectual property rights and agriculture from the application of the AML.

Global Competition Law

913. Scope

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Les notions juridiques connexes

913. Scope

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Les notions juridiques connexes

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