Adopted by the Standing Committee of the 10th National People's Congress on 30 August 2007 and effective 1 August 2008, this is China's primary competition-law statute, enacted to prevent and restrain monopoly, protect fair competition, encourage innovation and safeguard the interests of consumers and the public. Enforcement has centralized in the State Administration for Market Regulation since 2018. A first amendment, adopted 24 June 2022 and effective 1 August 2022, added a merger-review stop-the-clock mechanism, a safe harbor for certain vertical agreements, platform-specific competition rules, and substantially increased penalties, including individual liability for those who organize or facilitate monopoly agreements.
This Law is enacted for the purpose of preventing and restraining monopoly, protecting fair competition in the market, encouraging innovation, enhancing economic efficiency, safeguarding the interests of consumers and the public, and promoting the healthy development of the socialist market economy, per Article 1 of the statute.
Facts
Era2007 CE, effective 2008, amended 2022 1 Promulgated ByStanding Committee of the National People's Congress of China 1 Jurisdiction ScopePeople's Republic of China 1 Regulatory DomainAntitrust and competition 1 Era
Era (category)21st Century (2000-Present) 1 Connections
Associated With
Both are national competition statutes governing monopolies, cartels and mergers.
Both statutes are national antitrust and competition-law regimes, though China's law arose more than a century after the Sherman Act and within a different legal-family lineage.
Source Anti-Monopoly Law of the People's Republic of China, 2022 (Wikisource)
In Legal System
China antitrust statute, within the civil law system of the Peoples Republic of China.
Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
Sources
1. Anti-Monopoly Law of the People's Republic of China, 2022 (Wikisource)
WikisourceArticle 1
This Law is enacted for the purpose of preventing and restraining monopoly, protecting fair competition in the market, encouraging innovation, enhancing economic efficiency, safeguarding the interests of consumers and the public, and promoting the healthy development of the socialist market economy.
- Associated With: Sherman Antitrust Act
Anti-Monopoly Law of China (Wikipedia)
WikipediaLead sectionQuote, Lead section
The Anti-Monopoly Law of China (Chinese: 反垄断法; pinyin: Fǎn Lǒngduàn Fǎ) is the main legal statute that regulates competition law in the People's Republic of China.
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Law of the People's Republic of China
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