China's Anti-trust Regime
March 31, 2005 | BY
clpstaff &clp articlesChina's anti-trust regime is still at an early stage of development. This month we have a look at the key features of China's legal environment for anti-trust issues, and compare it with legal regimes in more sophisticated jurisdictions.
By Emma Davies, Partner and Cheng Li Yow, Associate, Clifford Chance, Shanghai and London
It is a common misconception among foreign multinationals operating in China that there are no Chinese anti-trust laws to worry about. This is not correct. Anti-trust laws do exist, but are scattered in various pieces of legislation, for example in the PRC Pricing Law(中华人民共和国价格法)1 and the PRC Anti-unfair Competition Law(中华人民共和国反不正当竞争法).2 It is, however, fair to say that these pieces of legislation and the anti-trust regime more generally in China are far less developed than in other countries.
This is likely to change over time and the regime is already being developed through proposed legislation such as the draft Anti-monopoly Law3 and through more stringent enforcement and implementation by officials. Companies therefore do need to understand anti-trust law in China and educate their staff in order to ensure compliance.
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