Adrian Emch, Sep 11, 2014
The Anti-Monopoly Law has been in force for over six years. When the AML was enacted in August 2007, the question of which authority would be in charge of AML enforcement was still undecided. There were three strong contenders for the job — the Ministry of Commerce, the National Development and Reform Commission, and the State Administration for Industry and Commerce. The three authorities played active roles during the normative process, probably with a view to showcasing their credentials for the enforcement authority job. MOFCOM took the lead in the drafting of the 2004 version of the draft AML and, not surprisingly, the 2004 draft explicitly mentioned MOFCOM as the sole enforcement authority. Yet, as it turned out, China would have three authorities after all. During July and August 2008—just about when the AML started to take effect—the State Council issued so-called “san ding” notices through which it gave central government ministries and equivalent organizations instructions on their jurisdiction, staff, and internal organization. Through their san ding notices, MOFCOM, NDRC, and SAIC all obtained powers to enforce the AML in a limited way. An antitrust regime with three authorities is complicated, as is the particular jurisdictional carve-up. This paper examines what issues arise with this three-headed authority structure, and how they can be addressed.
Links to Full Content
Featured News
Turkey Reconsiders Blocking Stellantis-Tofas Deal Amid New Discussions
Dec 4, 2024 by
CPI
NextEra Energy Faces Antitrust Lawsuit Over Alleged Efforts to Block Competitor’s Project
Dec 4, 2024 by
CPI
Trump Taps Antitrust Veteran Gail Slater to Lead DOJ’s Monopoly Battles
Dec 4, 2024 by
CPI
Trump Vows to Block Nippon Steel’s Acquisition of US Steel
Dec 4, 2024 by
CPI
Microsoft Demands FTC Investigation into Alleged Antitrust Probe Leak
Dec 3, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Moats & Entrenchment
Nov 29, 2024 by
CPI
Assessing the Potential for Antitrust Moats and Trenches in the Generative AI Industry
Nov 29, 2024 by
Allison Holt, Sushrut Jain & Ashley Zhou
How SEP Hold-up Can Lead to Entrenchment
Nov 29, 2024 by
Jay Jurata, Elena Kamenir & Christie Boyden
The Role of Moats in Unlocking Economic Growth
Nov 29, 2024 by
CPI
Overcoming Moats and Entrenchment: Disruptive Innovation in Generative AI May Be More Successful than Regulation
Nov 29, 2024 by
Simon Chisholm & Charlie Whitehead