Chinese Competition Law and Policy (LAWS90111)

This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction. 

Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy.  

Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States. 

This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world. 

Indicative list of principal topics:

• General introduction to competition law
• Monopoly agreements
• Abusing dominant positions
• Merger control
• Administrative monopoly and fair competition review
• Competition law enforcement
• Competition law and intellectual properties
• Competition law and platform economy