The Chinese State Council clarifies the structure and responsibilities of enforcement agencies under China Anti-Monopoly Law

As the countdown to the August 1, 2008, effective date of the new China Anti-Monopoly Law (« AML ») nears its final stages, the structure and allocation of enforcement responsibilities under the AML is becoming slightly more clear. I. Background The AML establishes a two-tier enforcement structure, with an Anti-Monopoly Commission (« AMC ») and Anti-Monopoly Enforcement Authorities (« AMEAs »). This is understood to be a compromise that maintains the current allocation of powers between existing ministries under the State Council, while also providing an unifying body to coordinate enforcement activities. According to the AML, the AMEAs designated by the State Council will be responsible for the actual enforcement of the AML, while the AMC will be in charge of organizing, coordinating, and

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Authors

  • Jones Day (Beijing)
  • Winston & Strawn (New York)

Quotation

Peter J. Wang, Stephen Harris, The Chinese State Council clarifies the structure and responsibilities of enforcement agencies under China Anti-Monopoly Law, 30 June 2008, e-Competitions July 2008, Art. N° 33820

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