Firmly Grasping the Knife: An Investigation of the Asymmetric Application of Chinese Antitrust Law as a Protectionist Tool

Authors

• Jillian Bray, Benjamin N. Cardozo School of Law

Abstract

The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.

Disciplines

Antitrust and Trade Regulation | Comparative and Foreign Law | International Trade Law | Law

Recommended Citation

Jillian Bray, Firmly Grasping the Knife: An Investigation of the Asymmetric Application of Chinese Antitrust Law as a Protectionist Tool, 24 Cardozo J. Int'l & Comp. L. 351 (2016).
Available at: https://larc.cardozo.yu.edu/cjicl/vol24/iss2/5