中國 競爭法(反靈斷去)의 珼況과 展望에 관한 考察

The People`s Republic of China competition law emerged in the mid 1990s. The idea of a comprehensive anti monopoly Law for the People`s Republic of China surfaced in 1987, in response to the diverse and incoherent existing laws such as Anti-Unfair Competition Law, Price Law, Foreign Trade Law. Representatives from various agencies and academic institutions began drafting the new Law in 1994. However, the initial drafts often reflected divergent and inconsistent goals among its various agencies. The final version of the law was finally adopted by the People’s Congress on 30 August 2007 and took effect on 1 August 2008. While the language of the new law is neutral subjecting both domestic and foreign entities to equal scrutiny, there are concerns among foreign entities about its implementation and enforcement. Concerns are reflected by the significant market leadership foreign companies have and the increasing acquisition of domestic companies by foreign investments, where the law might be used to protect domestic entities. There are also concerns, similar to elsewhere, of consumer interests being ignored in the interest of protecting competition. Among the stated aims of the law are to `advance consumer interests`, `promote economic efficiency`, `protect economic security`, which includes subjecting foreign acquisitions of Chinese corporations to national security review. The law, as opposed to the antitrust laws of the United States and EU, subjects state-owned enterprises to the same regulatory measures. The law would be a tool in the Chinese government’s protracted struggles against internal protectionism, where (similar to their entrenched involvement in the legislative process in United States) private special interests are deeply entrenched in national, provincial and local government agencies. This article was written about the current state and forecast of Chinese competition law, and the contents are as follows: Chap.1 Introduction Chap.2 Outline of the Chinese Competition Law Chap.3 Enforcement System Chap.4 Enforcement Cases Chap.5 Current Problems and Forecast Chap.6 Conclusion