Enforcement practice reform: a public interest test for China's anti-monopoly law

Research output: Contribution to conferencePaper

Abstract

This paper demonstrates that even though the importance of understanding and achieving the "public interest" in China's anti-monopoly law context has been addressed (Article 1 of the Anti-Monopoly Law of China 2007), there is major disagreement on the meaning of the "public interest" among Chinese competition law scholars, industrial policy makers, market actors and consumers. It is vital to help elucidate a common understanding of the notion of public interest by establishing a public interest test model as a control mechanism for the application of anti-competitive prohibitions to restrain the anticompetitive behaviour of both private and State-owned businesses, because, without such common accepted understanding, China's ability to use the public interest test will otherwise be incoherent and will call into question the legitimacy of law and regulation for the public good. Government is often reluctant to invoke this restraint for fear of being accused of being anti-business, when in fact the public interest might be overwhelmingly threatened by the non-contested merger activity in the marketplace. Thus, this paper proposed a public interest test, which will include different elements regarding different situations in China.

Conference

ConferenceThe 16th Asian Law Institute Conference 2019
Abbreviated titleThe 16th ASLI Conference
CountrySingapore
CitySingapore
Period11/06/1912/06/19
Internet address

Fingerprint

interest test
public interest
monopoly
reform
China
Law
industrial policy
accused
merger
legitimacy
anxiety
regulation
market
ability

Keywords

  • anti-monopoly law
  • practice reform
  • China

Cite this

Wang, J. (2019). Enforcement practice reform: a public interest test for China's anti-monopoly law. Paper presented at The 16th Asian Law Institute Conference 2019, Singapore, Singapore.
Wang, Jing. / Enforcement practice reform : a public interest test for China's anti-monopoly law. Paper presented at The 16th Asian Law Institute Conference 2019, Singapore, Singapore.15 p.
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author = "Jing Wang",
year = "2019",
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language = "English",
note = "The 16th Asian Law Institute Conference 2019 : The Rule of Law and the Role of Law in Asia, The 16th ASLI Conference ; Conference date: 11-06-2019 Through 12-06-2019",
url = "https://law.nus.edu.sg/asli/16th_asli_conf/index.html",

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Wang, J 2019, 'Enforcement practice reform: a public interest test for China's anti-monopoly law' Paper presented at The 16th Asian Law Institute Conference 2019, Singapore, Singapore, 11/06/19 - 12/06/19, .

Enforcement practice reform : a public interest test for China's anti-monopoly law. / Wang, Jing.

2019. Paper presented at The 16th Asian Law Institute Conference 2019, Singapore, Singapore.

Research output: Contribution to conferencePaper

TY - CONF

T1 - Enforcement practice reform

T2 - a public interest test for China's anti-monopoly law

AU - Wang, Jing

PY - 2019/6/11

Y1 - 2019/6/11

N2 - This paper demonstrates that even though the importance of understanding and achieving the "public interest" in China's anti-monopoly law context has been addressed (Article 1 of the Anti-Monopoly Law of China 2007), there is major disagreement on the meaning of the "public interest" among Chinese competition law scholars, industrial policy makers, market actors and consumers. It is vital to help elucidate a common understanding of the notion of public interest by establishing a public interest test model as a control mechanism for the application of anti-competitive prohibitions to restrain the anticompetitive behaviour of both private and State-owned businesses, because, without such common accepted understanding, China's ability to use the public interest test will otherwise be incoherent and will call into question the legitimacy of law and regulation for the public good. Government is often reluctant to invoke this restraint for fear of being accused of being anti-business, when in fact the public interest might be overwhelmingly threatened by the non-contested merger activity in the marketplace. Thus, this paper proposed a public interest test, which will include different elements regarding different situations in China.

AB - This paper demonstrates that even though the importance of understanding and achieving the "public interest" in China's anti-monopoly law context has been addressed (Article 1 of the Anti-Monopoly Law of China 2007), there is major disagreement on the meaning of the "public interest" among Chinese competition law scholars, industrial policy makers, market actors and consumers. It is vital to help elucidate a common understanding of the notion of public interest by establishing a public interest test model as a control mechanism for the application of anti-competitive prohibitions to restrain the anticompetitive behaviour of both private and State-owned businesses, because, without such common accepted understanding, China's ability to use the public interest test will otherwise be incoherent and will call into question the legitimacy of law and regulation for the public good. Government is often reluctant to invoke this restraint for fear of being accused of being anti-business, when in fact the public interest might be overwhelmingly threatened by the non-contested merger activity in the marketplace. Thus, this paper proposed a public interest test, which will include different elements regarding different situations in China.

KW - anti-monopoly law

KW - practice reform

KW - China

UR - https://www.ilsa.org/events/the-16th-asli-conference-the-rule-of-law-and-the-role-of-law-in-asia/

M3 - Paper

ER -

Wang J. Enforcement practice reform: a public interest test for China's anti-monopoly law. 2019. Paper presented at The 16th Asian Law Institute Conference 2019, Singapore, Singapore.