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The enactment of the Anti-Monopoly Law in China in 2007 was a significant step in China’s transition from a centrally planned economy to a socialist market economy. In a short period of time, China has become a globally important competition law jurisdiction and increasingly crucial area of study and practice for competition lawyers, businesses, and enforcement agencies within and beyond China. This subject will provide students with a specialised, in-depth and practical understanding of the Anti-Monopoly Law, its implementing regulations, and important decisions made by the competition agencies and courts in its legal, economic, regulatory and political contexts. This subject also provides insights into the dynamics of the Chinese legal system and reform more broadly, as competition law in China sits at the intersection of law, economics, business, and politics.
Principal topics include:
- Competition law in the context of China’s reform and opening up
- Prohbitions in the Anti-Monopoly Law: monopoly agreements, abuse of dominance, merger control, and abuse of administrative power
- Chinese competition law and intellectual property
- Chinese competition law and regulated industries
- Chinese competition law and the state
- Institutional, enforcement and procedural issues relating to Chinese competition law
- International dimensions of Chinese competition law.
Intended learning outcomes
A student who has successfully completed this subject should:
- Have specialist knowledge of, and be able to critically examine, analyse, interpret and assess, the legal and economic issues related to competition law in China
- Have an advanced and integrated understanding of the political economy dimensions of competition law in China and the implications for the content and enforcement of the law
- Have a sophisticated understanding of the contemporary and controversial issues relating to Chinese competition law, and have the ability to critically engage with such issues
- Understand and be able to critically evaluate the institutional arrangements underlying competition law in China and their impact on competition law enforcement in China
- Understand the issues that arise in public and private enforcement of competition law in China, including procedural challenges and capacity constraints, and their practical implications
- Appreciate and be able to discuss the comparisons to and influence of competition law norms and experiences of other key jurisdictions (such as the European Union and United States) on Chinese competition law and policy
- Have the cognitive and technical skills to independently critically examine, research, analyse, and reflect upon existing and emerging legal issues relating to Chinese competition law
- Have the communication skills to clearly articulate and convey complex information regarding Chinese competition law to relevant specialist and non-specialist audiences.
Last updated: 29 October 2019