中國 競爭法의 執行事例에 관한 考察

A Study on Enforcement Cases under Chinese Competition Law

Competition Law of the People s Republic of China 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. This article is focused on Enforcement Cases under Chinese competition law.