BIBLIOGRAPHY : EMCH Adrian et STALLIBRASS David,Kluwer Law International, 2013, 512 p.

China’s Anti-Monopoly Law: The First Five Years, Adrian EMCH et David STALLIBRASS

Adrian Emch, David Stallibrass

The authors of this book are both competition practitioners in Beijing (China) and they have a strong academic background and expertise in the field of Chinese competition. Adrian Emch is a partner at Hogan Lovells, whereas David Stallibrass is a senior affiliated consultant at Charles River Associates (CRA).

The book is divided in nine chapters. The first gives a general introduction and mainly focuses on Chinese competition policies that lie between fragmentation and consolidation. The second sets the background and the context of the Chinese competition policy by pointing out the institutional dynamics of China’s competition regime, the policy objectives of public enforcement of the anti-monopoly law (AML) and the role of China’s unique economic characteristics in antitrust enforcement. The third focuses on the monopoly agreements and abuse of dominance. It looks at the relationship between the AML and the price law and at the anti-cartel law and its enforcement in China. Moreover, it analyses information exchanges between competitors under the AML. The fourth concentrates on the merger control, and more specifically on Chinese merger control practices in a comparative perspective, the substance and the procedure of the merger remedies in China and the joint ventures under Chinese merger control rules. The fifth explains the government restrictions to competition, the relation between business and government with the addressees of obligations under the AML, the uneasy relationship between antitrust enforcement and industry-specific regulation in China and finally the judicial and administrative remedies against administrative monopoly. The sixth takes a close look at the Supreme People’s Court’s Guidance for private antitrust litigation and the private rights of action under the AML. The seventh assesses the convergence and divergence about the Chinese companies’ navigation of outbound investment. The eighth deals with the SAIS’s antitrust enforcement practice with the progress made in the past five years, the vertical restraints under the AML and the application of the AML in the context of intellectual property rights. The ninth looks at the China telecom & China Unicom case and the future of Chinese antitrust.

The book contains also an appendix with the text of the AML in two languages (Chinese and English) and a table of legislation.

To summarize, the authors stress that China has a proper antitrust law with the AML, yet it does not have a coherent antitrust policy and the enforcement of the AML is not satisfactory. They advise the establishment of an antitrust enforcement body that is “well resourced, well advised and placed in an influential position within China’s economic governance structure.” The strength of this book is that it assesses the provisions of the AML from a legal and economic point of view. It is the most complete study on the question and it gives the reader the feeling that he understands the working of the Chinese competition system that is still evolving. Better, this book tempts academics and practitioners to specialize in Chinese competition law.

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David Leys, China’s Anti-Monopoly Law: The First Five Years, Adrian EMCH et David STALLIBRASS, February 2014, Concurrences Review N° 1-2014, Art. N° 62419, p. 264

Editor Wolters Kluwer Law & Business

Date 24 July 2013

Number of pages 558

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