Lessons From Four Years Of Antitrust Enforcement In China

China's Anti-Monopoly Law ("AML") celebrated its fourth anniversary in August 2012. Given the importance of the Chinese economy and the increase in antitrust enforcement in that country, the AML should rank high on in-house counsels' radar screens. In this Commentary, we analyze the main trends that we have observed in the last four years and try to predict how the future might look with regard to antitrust enforcement in China.

At the outset, it is important to note that while the AML borrows from foreign antitrust laws, in particular from Europe, it also contains some key China-specific features, notably specific requirements that enforcement agencies take into account industrial policy considerations. In addition, China's economic, legal, and cultural environment significantly differs from other jurisdictions. As a result, AML enforcement may not always lead to the outcomes that might be expected on the basis of mainstream antitrust principles as applied in other