Pro-Competitive or Protective? The Chinese Anti-Monopoly Law, Implications for the United States, and Bilateral Antitrust Cooperation as an Effective Response

Authors

• Benjamin Ryberg, Benjamin N. Cardozo School of Law

Abstract

The note examines the Anti-Monopoly Law (AML) of the People's Republic of China, highlighting its structure, enforcement mechanisms, and potential implications for international trade and competition. It compares the AML with the U.S. Sherman Act, noting similarities and differences, particularly in market share thresholds and exemptions. The analysis also explores the potential benefits and challenges of a bilateral antitrust cooperation agreement between the U.S. and China, emphasizing the role of positive comity in fostering fair competition and addressing anticompetitive practices. The note raises concerns about the AML's broad provisions and the risk of protectionism, while suggesting that such an agreement could enhance enforcement and promote a level playing field.

Disciplines

Antitrust and Trade Regulation | International Trade Law | Law

Recommended Citation

Benjamin Ryberg, Pro-Competitive or Protective? The Chinese Anti-Monopoly Law, Implications for the United States, and Bilateral Antitrust Cooperation as an Effective Response, 18 Cardozo J. Int'l & Comp. L. 527 (2010).
Available at: https://larc.cardozo.yu.edu/cjicl/vol18/iss2/7