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Global Competition and Consumer Law

Resources for Australia, China, European Union and the United States of America

China

Quick Overviews
Major Commentary Sources
Chinese Legislation Databases

The Antimonopoly Bureau of MOFCOM, the Ministry of Commerce, is the agency responsible for mergers, acquisitions and corporate transactions. Majority of antimonopoly enforcement is carried out under the Anti-Monopoly Law (AML), which that came in force in 2008. Other laws that cover competition are the Anti-Unfair Competition LawPrice Law and Bidding Law.

Rules and Regulations

National Development and Reform Commission (NRDM) and State Administration for Industry & Commerce (SAIC) have issued rules and regulations. They are categorised as Departmental Regulatory Documents. Please note, the references provided are not exhaustive of all the regulations of the competition authorities in China.

Search below regulations in PKU Law and Westlaw China by title (either database includes all of them).

NDRC Regulations

Provisions on Regulating the Price-Related Administrative Penalty Power 
Effective 1 July 2014.

Rules for Trial and Review of Cases Involving Price-related Administrative Penalties 
Effective 1 January 2014.

Provisions on Evidence for Administrative Penalty for Price-Related Violations
Effective as of 1 July 2013.

Rules on Anti-Price Monopoly
Issued 29 December 2010, effective 1 February 2011.

Rules on Administrative Enforcement Procedure regarding Anti-price Monopoly  
Issued 29 December 2010, effective 1 February 2011.​

SAIC Regulations

Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights
Effective 1 August 2015.

Regulations of Administration for Industry and Commerce for Prohibiting Monopoly Agreements
Effective 1 February 2011.

Regulations of Administrations for Industry and Commerce for Prohibiting Abuses of Dominant Market Position 
Effective 1 February 2011.

Regulations of the Administrations for Industry and Commerce for Prohibiting the Acts of Abusing Administrative Powers to Eliminate or Restrict Competition
Effective 1 July 2009.

Rules of the Industry and Commerce Administration Authorities on the Prohibition of Monopoly Agreement Behaviours
Issued 31 December 2010, effective 1 February 2011.

Provisions and Procedures on Investigation and Handling Cases of Monopoly Agreements and Abuse of Dominant Market Position by Administration for Industry and Commerce 
Effective 1 July 2009.

A good source for unofficial English translations of some SAIC regulations is Linklaters Newsletter from 2011.

Case searching

"The current Chinese legal system does not formally recognise cases or judicial precedents as a source of law. However, in practice, cases are often cited as persuasive authority and some courts follow judicial precedents to decide issues when statutes are vague. In particular certain decisions of the Supreme People's Court that can be read as generating legal norms have binding effect on lower courts." (Luo, Wei. Chinese law and legal research (William S. Hein & Co., 2005), 105).

Major Chinese Law Journal Database
Major Law Journal Databases

For more information on searching for journal articles see the Secondary Sources for Legal Research Guide.

Business Journal Databases
Competition Law Journal Titles that may cover China
Library Catalogue Search

Search Library Catalogue for books using Keyword search or Subject search using these terms:

Antitrust law – China

Competition – China

 

You can limit your results to Online Books only.

Ebooks

You also can search across various Ebook platforms allowing you to search full text of books. For example, Edward Elgar has many books on Chinese monopoly law. 

Selected Ebooks on Chinese Competition Law
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