In August 2007, China adopted the Antimonopoly Law, its first comprehensive antitrust legislation, thirteen years after the drafting of the law began. Such a protracted legislative process is highly unusual in China, and can only be explained by the controversies the law presents. This paper discusses the fundamental issues in China’s economy that give rise to the challenges China faced in the drafting and adoption of the Antimonopoly Law. Those fundamental issues include the role of state-owned enterprises, perceived excessive competition, mergers and acquisitions by foreign companies, administrative monopolies, and the enforcement of the Antimonopoly Law. How China will enforce the Antimonopoly Law in light of those fundamental issues will determine the effectiveness of the law and define the parameters of China’s future competition policies.
Bruce M. Owen, Su Sun & Wentong Zheng,China's Competition Policy Reforms: The Anti-Monopoly Law and Beyond, 75 Antitrust L.J. 231 (2008), available at http://scholarship.law.ufl.edu/facultypub/223