Volume 30 (2007) / Issue 2
China is in the process of introducing a new comprehensive competition law, which will replace a disjointed and ill-enforced set of laws that apply to some, but not all, competitive constraints. In shaping its new law China has taken advice from international organisations and from regimes, notably the United States and the European Community, with mature competition law systems. This article argues that while much can be learned from such international comparisons competition law is not necessarily a standard that can be applied in a one-size-fits-all formulation to any jurisdiction, and that some sensitivity to local market conditions and economic development may be required. However, the law as presently drafted is an uneasy amalgam of competition law standards and wider political and industrial agendas. There exists a danger that the law may be inconsistent and non-transparent in application, undermining the attainment of competition objectives.
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