Healey, Deborah --- "A Comparative Look at the Competition Law Control of State-owned Enterprises and Government in China" [2011] ELECD 748; in Drexl, Josef; Grimes, S. Warren; Jones, A. Clifford; Peritz, J.R. Rudolph; Swaine, T. Edward (eds), "More Common Ground for International Competition Law?" (Edward Elgar Publishing, 2011)

Book Title: More Common Ground for International Competition Law?

Editor(s): Drexl, Josef; Grimes, S. Warren; Jones, A. Clifford; Peritz, J.R. Rudolph; Swaine, T. Edward

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849803946

Section: Chapter 8

Section Title: A Comparative Look at the Competition Law Control of State-owned Enterprises and Government in China

Author(s): Healey, Deborah

Number of pages: 26

Extract:

8. A comparative look at the
competition law control of state-
owned enterprises and government
in China
Deborah Healey

1 INTRODUCTION

The enactment of a competition law in China in 2007 was a notable
achievement in a number of respects. The process of lawmaking was
lengthy: consultations were numerous and the approach changed many
times. The Anti Monopoly Law (AML), operative 1 August 2008, pro-
hibits monopoly conduct,1 which it defines as abuse of dominance,2
monopoly agreements3 and certain mergers and acquisitions,4 and shows
the influences of both European and US competition laws. The fourth
category of prohibition in the AML is, however, more unusual ­ the law
prohibits the exploitation of administrative power, known in China as
`administrative monopoly'.5
This chapter examines the application of the AML to government
bodies and operations: state-owned enterprises (SOEs) and admini-
strative monopoly. It outlines factors that are likely to influence the
way the AML will be interpreted, particularly in relation to SOEs. It
considers whether the picture is any clearer after more than a year of
operation.




1 See Article 3.
2 Chapter III.
3 Chapter II.
4 Chapter IV.
5 Chapter V.

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 Competition law control of SOEs and government in China 123

2 THE STATE AND BUSINESS IN CHINA
2.1 System Reform

A very brief snapshot of the historical, economic, commercial and legal
factors that form the background to the AML and are likely to influence
its interpretation and application generally and in particular to ...