Contents
For more detailed information on Chinese legal research, see:
Commentary Quick Overviews
- LexologyLexology covers over 80 practice areas spanning competition & regulatory, dispute resolution & litigation, tax, white collar crime, IP, corporate, commercial, banking & finance, infrastructure & transport, energy & natural resources, insurance and compliance.
- International Comparative Legal Guides (ICLG)Includes concise chapters for cartels & leniency, competition litigation, merger control and product liability in China.
- Global Legal Insights (GLI)Provides overviews on cartels, merger control and mergers & acquisitions.
Major Commentary Sources
- Competition Law in ChinaProvides theoretical and practitioner commentary on anti-monopoly law in China.
Log in to Westlaw > Type in Competition Law in China > Select the resource. You can browse or search the content. - Corporate Counsel's Guide to Doing Business in ChinaIncludes a chapter on Antimonopoly Laws & Regulations under V. Regulated Areas of Law.
Log in to Westlaw > Type in Guide to Doing Business in China > Select the resource. You can browse or search the content.
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 Law, Price Law and Bidding Law.
- PKU Law (LawInfoChina)Search Chinese legislation and guidelines in English. Go to Advanced search and search by English keyword.
Rules and Regulations
National Development and Reform Commission (NRDM) and State Administration for Market Regulation (SAMR) 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 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.
- State Administration for Market Supervision (SAMR) 国家市场监督管理总局is the ministerial-level agency directly under the State Council of the People's Republic of China in charge of regulating areas such as market competition, monopolies, intellectual property, and drug safety.
It is mainly responsible for the comprehensive market supervision and management, unifying the registration of market entities and establishing information disclosure and sharing mechanisms; organizing the comprehensive law enforcement of market supervision, undertaking unified anti-monopoly law enforcement, regulating and maintaining market order; organizing the implementation of the strategy of strengthening the country by quality, and is responsible Industrial product quality and safety, food safety, special equipment safety supervision; unified management of measurement standards, inspection and testing, certification and accreditation.
The Administration was created in the 2018 Chinese overhaul of government administration, and merged or abolished a number of previous agencies, such as the State Intellectual Property Office.
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).
- Kluwer Competition LawUnder 'Categories' tab find Chinese competition decision summaries. These English summaries are published decisions from Chinese courts and competition regulatory bodies.
Summaries include:
- Key facts
- Case History
- Facts
- Procedures
- Competition Assessment
- Decision
- Commentary
- Links to original decisions or judgments in Chinese.
Major Chinese Law Journal Database
- CNKI China Academic JournalsMost comprehensive, full-text database of Chinese journals. To narrow your searching select section (G) Politics/ Military Affairs/ Law to search across the 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
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- Scroll down the page to access the Archive 1994 - 2012
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.
- Edward Elgar Publishing BooksEdward Elgar Publishing is a leading international publisher of academic books and journals in economics, finance, business and management, law, environment, public and social policy. The Library has access to selected collections of online books.
Selected eBooks on Chinese Competition Law
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The Political Economy of Competition Law in China by Call Number: E-bookPublication Date: CUP, 2018 -
Cartels, Competition and Public Procurement : Law and Economics Approaches to Bid Rigging by
Publication Date: 2013Edward Elgar -
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The Chinese Anti-Monopoly Law : New Developments and Empirical Evidence by
Publication Date: 2013Edward Elgar -
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Competition Law in China by
Publication Date: 2014Oxford University Press. Currently available only in hardcopy at KT 4263 WANG, but ebook is on order. -
Competition Laws, Globalization and Legal Pluralism : China's Experience by
Publication Date: 2013Hart Publishing -
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Liner Conferences in Competition Law : A Comparative Analysis of European and Chinese Law by
Publication Date: 2009Springer -
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