@article{ART001934442},
author={Kim Joon Ho},
title={A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={65},
pages={529-550}
TY - JOUR
AU - Kim Joon Ho
TI - A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 65
PB - The Institute for Legal Studies Dong-A University
SP - 529
EP - 550
SN - 1225-3405
AB - Merger regulation in Anti-Monopoly Law of China(hereinafter ‘AML’) has been quite actively enforced and developed quickly despite of its short experiences. However, it has several characteristics that are rare in other developed countries' competition laws such as US, EU and Japan, especially its industrial policy-influenced competition law, which lots of commentators abroad criticise. It seems to become a permanent tendency of Chinese AML, even after it overcomes typical limitations in early-stage of competition law.
It is not proper to say that the industrial policy-influenced competition law is its weakness in early-stage. Rather, it could be considered as an independent path that Chinese AML is now pursuing. Whether this new type of competition law will be successful or not is another issue. The achievements of Chinese AML need to be understood according to its own logic. Henceforward, if Chinese competition authority, MOFCOM tries to dispel worries from outside that MOFCOM is likely to exercise broad and arbitrary discretions when handling merger cases, it would be able to form reliable guidelines step by step which specify Chinese AML's unique but vague value factors like ‘national economy development’ or ‘national security’. We should be cautious when evaluating the advantages and disadvantages of Chinese AML that now follows its own path.
KW - Chinese Anti-Monopoly Law;Merger Control;Industrial Policy;Competition Policy;Competition Law
DO -
UR -
ER -
Kim Joon Ho. (2014). A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law. DONG-A LAW REVIEW, 65, 529-550.
Kim Joon Ho. 2014, "A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law", DONG-A LAW REVIEW, no.65, pp.529-550.
Kim Joon Ho "A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law" DONG-A LAW REVIEW 65 pp.529-550 (2014) : 529.
Kim Joon Ho. A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law. 2014; 65 : 529-550.
Kim Joon Ho. "A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law" DONG-A LAW REVIEW no.65(2014) : 529-550.
Kim Joon Ho. A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law. DONG-A LAW REVIEW, 65, 529-550.
Kim Joon Ho. A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law. DONG-A LAW REVIEW. 2014; 65 529-550.
Kim Joon Ho. A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law. 2014; 65 : 529-550.
Kim Joon Ho. "A Study on Industrial Policy-Influenced Characteristics in Chinese Anti-Monopoly Law" DONG-A LAW REVIEW no.65(2014) : 529-550.