Aug-08(1)

In this issue:

Assessing China’s Antimonopoly Law

Adrian Emch, Aug 11, 2008

The Antimonopoly Law and Its Structural Shortcomings

In spite of the overall positive impression that the AML has made, certain aspects of the law are not satisfactory. This article focuses on three areas where structural shortcomings exist.

Michael Han, Jessica Su, Aug 11, 2008

China’s Antimonopoly Law: Status Quo and Outlook

This article first examines how the AML deviates from international competition law norms and then discusses the potential effectiveness of the law as well as the challenges to its enforcement mechanism.

Sean Heather, Jeremie Waterman, Aug 11, 2008

Banana Trees and Open Competitive Markets

Foreign governments and the global business community are closely watching how the People’s Republic of China will enforce the new AML. Clearly, the Chinese government fully understands the importance of fostering innovation in its economy.

Lester Ross, Aug 11, 2008

Enforcement Challenges of China’s Antimonopoly Law

The AML presents major challenges with respect to enforcement. China’s ability to enforce the AML in a fair, comprehensive, and transparent manner will affect the development of China’s economy including, but not limited to, foreign investment.

Xiaoye Wang, Aug 11, 2008

Highlights of China’s New Antimonopoly Law

From the perspective of substantive law, in this article I give a brief overview of the three pillars of China’s new Antimonopoly Law. In the last section, I discuss the challenges of enforcing the Law.

Jun Wei, Aug 11, 2008

Challenges in Implementing China’s Antimonopoly Law

This article will discuss certain challenges in implementing the AML given ambiguities and uncertainties that call for special attention.

Mark Williams, Aug 11, 2008

The Context of Chinese Industrial Policy and the Antimonopoly Law

Some would argue that the implementation of the Antimonopoly Law is an important milestone along the road of China’s transition to a market-orientated economy in which private capital plays a pre-dominant role, just as it does in developed economies in other parts of the world.