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China's Anti-Monopoly Law and its Merger Enforcement: Convergence and Flexibility

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  • Dan Wei

Abstract

As the world's second largest economy and the world's fastest growing economy, China is a late but significant entrant into the competition law club with the implementation of the Anti-Monopoly Law (AML) on 1 August 2008. This article provides a review of the enactment of the AML and a detailed discussion of the merger provisions and application of those provisions by the competition enforcement agency. Despite the short history of application of the AML, empirical findings on merger enforcement illustrate that China is making efforts to realize a soft convergence with international norms. Meanwhile, China's gradual approach to convergence gives it the flexibility to stop, to adjust, and to make an exception whenever necessary to accommodate its transitional and growing economy. Oxford University Press 2011, all rights reserved, Oxford University Press.

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  • Dan Wei, 2011. "China's Anti-Monopoly Law and its Merger Enforcement: Convergence and Flexibility," Journal of International Economic Law, Oxford University Press, vol. 14(4), pages 807-844, December.
  • Handle: RePEc:oup:jieclw:v:14:y:2011:i:4:p:807-844
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    File URL: http://hdl.handle.net/10.1093/jiel/jgr032
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    Cited by:

    1. Andrey V. Makarov, 2014. "Comparative Analusis Of Antitrust Policy Against Collusion In Some Transition Economies: Challenges For Effectiveness," HSE Working papers WP BRP 20/PA/2014, National Research University Higher School of Economics.

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