Conclution

Issue 21 By Harry Yang,China IP,[Unfair Competition]

The adoption of the AML is an important step in the progress to the rule of law in China. Although it is still unclear how the new law will be implemented, we should be optimistic about the future, as Article 1 AML states that this law is enacted to prevent and/or stop monopolistic conducts, protect the market competition on a level field, improve the efficiency of economic operation and maintain the interest of the consumers and the social public… Any anti-monopoly law in whatever country means to promote competition on a level field and in a better way, but never to limit or restrain it. To this point China is not an exception. In the experience of European countries or the United States which have acted cautiously to decide on any monopolistic conduct, we can reasonably believe that China will also act scrupulously in the implementation of the AML. It is surely unnecessary for foreign companies to be worried about it. Instead, they should believe in China’s progress towards the rule of law and play an active role to perfect the Implementing Regulations of the AML and the amendments to the related laws and regulations. They should also work as supervisors and reminders in the future enforcement of the new law. As they have seen it, with their importance increasing in the Chinese economy, their voices can never be disregarded by Chinese lawmakers.

                                                                                      (Translated by Ren Qingtao)

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