Is there an Anti-Monopoly Law in the People's Republic of China?
Although there is not a specific anti-monopoly law in China per se, fair and proper market order is regulated by a number of statutory provisions.
For example, Articles 7 and 30 of the Anti-Unfair Competition Law forbid the government and subordinate departments from abusing their power to restrict or limit the flow of goods and purchasing of commodities. If there is such a case where the government or the subordinate departments do in fact abuse their power and restrict the free flow and purchasing of goods, the party can be fined an amount more than one time and less than three times the amount of the illicitly obtained profits.
Other provisions, including the Circular of the State Council Concerning the Breaking of Market Blockades between Different Geographic Regions and Further Invigorating the Circulation of Commodities, the Interim Measures Concerning the Merger of Enterprises jointly promulgated by the State Commission for Economic Restructuring and the State Planning Commission, and the Several Provisions Concerning the Prohibition of Restrictive Competition by Public Utility Enterprises also concern monopolistic market situations. Instead of having a specific anti-monopoly law, it is possible to draw from a number of different laws and provisions when dealing with monopolistic situations in China.
Back
