Overview

Three years have passed since China adopted the Anti-Monopoly Law. Although there is still only limited guidance on many important issues, the Chinese antitrust authorities have made significant progress in establishing a relatively complete modern antitrust regime. When the AML entered into force on 1 August 2008, it was the first modern antitrust law in China. It prohibits "monopolistic conduct" in the following three categories:

• anti-competitive agreements;


• abuse of dominance; and


• mergers that have the effect of eliminating or restricting competition.

The AML also prohibits administrative conduct by administrative authorities that eliminates or restricts competition. In addition to the AML, various implementing rules and guidelines have been issued. In this briefing, Herbert Smith look in detail at the AML's framework, enforcement and sanctions.

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