State Interest and the State-Centered Approach to Competition Law in China. (June 2020)

• Record Type: Journal Article
• Authors: Ng, Wendy
• Other Names: Stewart-Teitelbaum Justin guest-editor.; Calvani Terry guest-editor.; Noethlich Kaylynn guest-editor.
• Is Part Of: Antitrust bulletin. Volume 65:Number 2(2020)
• Page Start: 297
• Page End: 311
• Publication Date: 2020-06
• Subjects: China -- anti-monopoly law -- competition law -- administrative enforcement -- public interest -- state -- market; Antitrust law -- United States -- Periodicals; Restraint of trade -- United States -- Periodicals; 343.73072105
• DOI: 10.1177/0003603X20912889
• Languages: English
• ISSNs: 0003-603X

Abstract

There have long been concerns and speculation that China's competition authorities are using the Anti-Monopoly Law (AML) to pursue public interest objectives and prioritizing them over competition. This article explores whether and how public interest factors are relevant to the administrative enforcement of the AML. It shows that, rather than public interest, it is "state interest" and China's state-centered approach to competition law that more aptly explains the AML and its administrative enforcement.