Public Enforcement of Antitrust Law in China: Perspective of Procedural Fairness
- 727 Downloads
Entering into the 7th year of the Anti-Monopoly Law in force, the enforcement by China’s antitrust authorities has moved up a gear. Looking at several significant antitrust investigations and reviews, questioning and criticism on the Chinese antitrust public enforcement procedures are put forward, because it seems to the public, especially to people outside China, those China’s powerful state central bodies have a fearsome reputation. In this chapter, detailed explanation will be presented in terms of the procedures and regulations regarding the antitrust public enforcement in China. It is worthy of attention that, the antitrust public enforcement is part of administrative enforcement in China. This means that the procedure of Chinese antitrust public enforcement has to comply with the current system of Chinese administrative laws, so it is unlikely to be completely aligned with procedures that seem to be universally applied in western jurisdictions. That said, the current procedural system is not yet perfection, and there is room for improvement. On account for procedural fairness, some suggestions for optimizing the procedures of the Chinese antitrust public enforcement under the current legal system of China are put forward in this chapter.
KeywordsChinese antitrust law Antitrust public enforcement Procedural fairness
- Luo, G. (2015). Xuefeng Peng: Timing matures for formulation of the administrative procedural law. http://www.acla.org.cn/html/industry/20150309/20116.html. Accessed 15 Sept 2015.
- Martina, M. (2014). EU lobby piles in on foreign criticism of China’s antitrust enforcement. http://uk.reuters.com/article/2014/09/09/uk-china-antitrust-eu-idUKKBN0H40SB20140909. Accessed 15 Sept 2015.
- The US-China Business Council. (2014). Competition policy and enforcement in China. https://www.uschina.org/sites/default/files/AML%202014%20Report%20FINAL_0.pdf. Accessed 15 Sept 2015.
- United Nations Economic and Social Commission for Asia and the Pacific. (2009). What is good governance. http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp. Accessed 15 Sept 2015.
- Weiss, F., & Steiner, S. (2006). Transparency as an element of good governance in the practice of the EU and the WTO: Overview and comparison. Fordham International Law Journal, 30, 1545.Google Scholar
- Zhang, A. H. (2011). The enforcement of the anti-monopoly law in China: An institutional design perspective. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1783037. Accessed 15 Sept 2015.Google Scholar