Introduction
On August 1, 2008, China's new Anti-Monopoly Law (the
"AML") took effect. and two days later the
Provisions on the Declaration of Concentration of Business
Operators also became effective. The latter is widely
considered to be the rules of implementation for one of the
pre-transaction thresholds set forth in the AML (the
"Concentration Provisions"). For purposes of
simplifying this analysis, the AML and the Concentration Provisions
will be collectively referred to as the AML.
In the AML, monopoly activities have been categorized into three
types (Article 3): monopoly agreements between business operators
("Monopoly Arrangement"), abuse of dominant
market position by business operators ("Abuse of Market
Position"), and concentration of business operators that
have or may have the effect of eliminating or restricting
competition ("Concentration of Business
Operators"). Each of the three types are addressed in
detail in the following discussion, which
