The New Economic Constitution in China: A Third Way for Competition Regime?

Jung, Youngjin, Hao, Qian | January 1, 2003

This article will discuss the basic features of the competition regime China is ready to set up, as envisioned in its draft of the anti-monopoly law. By comparing different antimonopoly systems worldwide and their relevance to China’s idiosyncrasies in its antimonopoly law, this article intends to promote a better understanding of China’s emerging antitrust regime by providing illustrative comments and legislative suggestions. Part II of this article will focus on the economic and legal contexts of the drafting of the antimonopoly law in order to illuminate the unique priorities of the Chinese lawmakers. Part III will highlight the distinctive traits of China’s competition law. Part IV will analyze the Draft provisions’ merits and demerits. Part V concludes by offering comments on and observations about the draft of China’s anti-monopoly law.