China's Anti-Monopoly Law: Insights from U.S. and EU Precedents on Abuse of Dominance and IP Exemption Provisions

Authors

Yin Zhou

Abstract

Since opening to the global market in 1978, China has enjoyed consistent and rapid economic growth for the past three decades. Such liberalization and economic growth created a need for regulations to maintain a smoothly functioning market. By the mid-1990s, the need for a set of antitrust laws became apparent in light of the rise in domestic consumerism and investments from large foreign corporations. After thirteen years of drafting and revisions, China passed its Anti-Monopoly Law ("AML") on August 30, 2007. The AML came into effect a year later on August 1, 2008, but many companies started seeking legal advice much earlier to determine whether they comply with the law as written. However, ambiguities within the language of the law provide little guidance to companies and their legal counsel on compliance. This paper focuses on the AML provisions dealing with abuse of dominant position and intellectual property rights, and seeks to provide insight into how they may be applied.

Recommended Citation

Yin Zhou, China's Anti-Monopoly Law: Insights from U.S. and EU Precedents on Abuse of Dominance and IP Exemption Provisions, 32 Hastings Int'l & Comp. L. Rev. 711 (2009).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol32/iss2/11