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ARTICLE · 26 AUGUST 2008

The China Anti-Monopoly Law Becomes Effective

Jones Day
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After 14 years of consultation, deliberation, and delays, China finally adopted a new Anti-Monopoly Law ("AML") on August 30, 2007, which became effective on August 1, 2008.

ChinaAntitrust/Competition Law
Peter Wang
Peter Wang
Stephen Harris
Stephen Harris
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After 14 years of consultation, deliberation, and delays, China finally adopted a new Anti-Monopoly Law ("AML") on August 30, 2007, which became effective on August 1, 2008. The first comprehensive antitrust law in China, it presents serious compliance challenges and risks for Chinese and non-Chinese companies alike.

This Commentary summarizes the AML and its accompanying recently issued merger thresholds, discusses the structure and responsibilities of its enforcement agencies, and explains the latest developments regarding antitrust litigation under the AML in the Chinese courts.

OVERVIEW

The new AML is a tremendous leap forward for China, bringing it squarely into the modern world of antitrust and competition law. It is based loosely on various European models with input from U.S. law, its general structure including four substantive sections that: (1) prohibit certain types of agreements

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