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ARTICLE · 05 JUNE 2008

New Competition Act

On 30 August 2007, the Chinese legislature passed the country's first complete competition law (the Anti- Monopoly Law).

ChinaAntitrust/Competition Law
Joachim Pfeffer
Joachim Pfeffer
Oliver Kueppers
Oliver Kueppers

On 30 August 2007, the Chinese legislature passed the country's first complete competition law (the Anti- Monopoly Law). The legislation comes into force on 1 August 2008 and, in line with existing antitrust regimes, contains provisions on three areas:

  • anti-competitive agreements;
  • abuse of market dominance; and
  • merger control.

The legislation applies to any anti-competitive practices occurring in China or having an effect on competition in the domestic Chinese market (excluding Macau, Hong Kong and Taiwan).

The merger regime in China has been brought in line with EC practice by using change in control as the measure by which concentrations are assessed. There are three scenarios to which the act applies: the merging of two entities, the acquisition of control by one entity over another and control acquired thanks to one or more entities having

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