The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence

Title

The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence

Role

Editors: Michael Faure and Xinzhu Zhang

Contributing author: Susan Beth Farmer

Files

Description

Beth Farmer contributed the following chapter: "Competition Policy in China: Trends in Private Civil Litigation"

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’.

- Extract provided by publisher

ISBN

9781781003237

Publication Date

2013

Publisher

Edward Elgar Publishing

Keywords

China, antitrust, anti-monopoly law, competition law, AML

Disciplines

Antitrust and Trade Regulation | Comparative and Foreign Law