The Regulation Of Monopolistic Behaviors From Multinational Companies In China Under ChineseAnti-Monopoly Law

After accessing to the WTO, the process of China’s opening up has entered a new stage. The foreign enterprises have come to China’s market, bringing capital, technology and management experience, promoting industrial restructuring process. However, foreign enterprises have their adverse effects, among which monopoly is the most significant one.China embraced the notion of competition nearly three decades ago and has achieved a tremendous success by transitioning from a planned economy to a market economy. However, it was not until August 30,2007, after 14 years’relentless debate and wrangling, that the Anti-Monopoly Law (the "AML") was finally passed. Although competition law is not entirely new in China, the AML is China’s first antitrust law that is comparable to the modern antitrust policies of other major jurisdictions. Since the law went into effect on August 1,2008, China has become the third sphere of regulatory influence, matching the power of the European Union (the "E.U.") and the United States. The anti-monopoly law will play a significant role in safeguarding market economic order, preventing the monopoly behaviors, reducing the bad effect that monopoly brings. However, the enactment of the anti-monopoly law does not mean that Chinese antitrust system has been perfect. In fact, Chinese legislation on the multination companies is far from perfect.The essay divided into four chapters, each of which focuses on answering several key questions relating to a specific topic regarding the AML.Chapter 1:Given China’s unique social and political heritage, why did the Chinese government decide to adopt the AML to regulate the monopolistic behaviors of the multinational companies?Chapter 2:Legislative and judicial status of Chinese anti-monopoly law, which focus on the regulations of monopolistic behavior of foreign enterprises.Chapter 3:How does the AML compare with antitrust laws in other countries, particularly those in the E.U. and the United States? What are the lessons China could learn from the experiences of those countries?Chapter 4:From an institutional design perspective, what are the problems in China’s antitrust enforcement system?...