The Final Stages of China's Anti-Monopoly Law Volume 6, Issue 14 (July 05, 2006) Yee Wah Chin China Brief
After more than 10 years of drafting and review, on June 24, the Standing Committee of the National People’s Congress of the People’s Republic of China (NPC) began its first “reading” of a draft Anti-Monopoly Law (AML). Earlier in the month, on June 7, the State Council approved in principle, a draft AML apparently dated May 22, 2006. In the meantime, the University of International Business and Economics has apparently begun consulting with the Ministry of Commerce (MOFCOM) on the training of future regulators, and MOFCOM has begun drafting implementing regulations. Yet, based upon published and unofficial descriptions of the draft approved by the State Council and the draft being reviewed by the NPC, it is unclear that the draft being reviewed by the NPC is the same draft that was approved by the State Council. The precise contours of the proposed law are therefore still unclear.
China approves draft anti-monopoly law June 8, 2006 Elaine Kurtenbach AP
A draft anti-monopoly law endorsed by China's Cabinet will not be used to target foreign businesses, a senior official said Thursday.
The proposed law bans monopolistic agreements, such as price-fixing and other forms of collusion, and provides for investigation and prosecution of monopolistic practices. Foreign business groups have expressed concern that it might be used to restrict or interfere with their investments.
Experts writing 1st anti-monopoly law November 11, 2004 People's Daily Online
Chinese legal experts are speeding up enacting an anti-monopoly law, the first of its kind in China, China Radio International reported Wednesday.
At a forum on fair competition in Shanghai, an official with the State Administration of Industry and Commerce said the enactment of the anti-monopoly law will help China to maintain a market order with fair competition. The law stipulates articles against monopoly agreement, administrative monopoly and abuse of market dominative power.
Report: Anti-monopoly law vital August 22, 2004 Wang Xiaoye China Daily
Economic reform and the opening of policies is changing China for the common good. Among those to benefit are transnational corporations who have been making large-scale investments in China. But some of these influential conglomerates and companies are becoming a little uneasy. A recent report warned such foreign business giants were building monopolies here.
After a year of investigation, the State Administration for Industry and Commerce's Fair Trade Bureau published a report entitled "The Competition-restricting Behavior of Multinational Companies in China and Countermeasures." The report gave specifics, such as Microsoft's operating system software and Tetra Pak's packaging materials each holding a 95 per cent share of the Chinese market. Eastman Kodak, which formerly held more than 50 per cent of China's roll film market, is expected to further consolidate its dominance after taking 20 per cent of its sole major Chinese rival, Lucky Film Corp.
Anti-monopoly law tops the agenda June 23, 2004 Dai Yan China Daily
The Ministry of Commerce (MOC ) has a long list of 104 laws and regulations to be organized from draft form this year, according to its first commercial legal meeting held yesterday.
The majority focus on internal trade, where a legal framework is still at a tentative stage. The rest are supplements to the newly-revised Foreign Trade Law, an official from the ministry's treaty and law department said.
Anti-monopoly Law to Benefit All June 2, 2004 China Daily
Domestic and foreign-invested businesses will benefit from China's future anti-monopoly legislation, said a National People's Congress (NPC) Standing Committee official, who declined to be named, on Tuesday. "The primary basis for anti-monopoly legislation is to ensure that market competition does not stall."
He said all enterprises are left in very difficult situations once one group corners the market.
Expert Urges Swift Drafting of Anti-monopoly Law July 1, 2002 People's Daily
China is in desperate need of a new anti-monopoly law with its accession to the World Trade Organization (WTO), Wang Xiaoye, a law expert from the Chinese Academy of Social Sciences (CASS), said Saturday.
Wang told the Standing Committee of the National People's Congress (NPC) at their 28th meeting which ended Saturday afternoon that the time was right for such a law, as China's economy had become deeply connected with the world's since the adoption of market principles.
Read previous China Digital Times posts about China Anti-monopoly Law.
慧聪网专题 沉浮十年的反垄断法
新浪网专题《反垄断法》有望出台
反垄断法：化解知识产权国际压力的中国利器? 2006-07-06 商思林 南方周末
6月24日，反垄断法草案首次提交全国人大常委会审议，反垄断法会成为向中国挥舞知识产权大棒的跨国公司总裁办公室里的精灵吗？
反垄断第一案
反垄断法起草小组一位不愿透露身份的专家对记者透露，在反垄断法起草过程中，“德先案”曾被作为一个实例进行了研讨，如果反垄断法出来，应该能够适用。
《反垄断法》到底应该反什么 2006-6-25 中国经济周刊
日前，有媒体报道称，《反垄断法》将成为继《物权法》、《破产法》之后又一部审议前夕突然撤下的重要法律。该文援引全国人大常委会相关人士的解释是：“具体原因很难讲，有议程的原因，但总的来说还是争议 比较大，委员长会议认为尚不成熟，不符合审议的条件。”不过随后又有消息称，十届全国人大常委会第二十二次会议将如期对《反垄断法（草案）》进行初审。
不要对反垄断法期待太高 2006-06-15 赵蕾 南方周末
“三五年内不会有太大的实际效果。”6月7日，国务院常务会议审议通过《反垄断法(草案)》，在谈及该法可能带来的影响时，起草专家组成员史际春对本报记者说。
反垄断法：我们期待什么？ 2006-06-15 李曙光 南方周末
最近，国务院常务会议已原则通过中国第一部《反垄断法》(草案)，准备经修改后将其提交给本月即将召开的全国人大常委会进行审议。
在中国，反垄断法是一部社会关注度比较高的法律。近年来随着反垄断法草案起草进程的加快，企业界、学术界、政府部门以及媒体对它的议论和争论也在逐渐升温。但是，在现时这个中国社会转型期，人们对反垄断法的期待是不同的。从政府部门来讲，希望通过反垄断法构建统一的市场秩序，并对地方性垄断行为越来越加剧的现象有所消弭；从非公经济和民营企业来讲，希望反垄断法能够破除计划体制延续下来的行业门槛和国企垄断；一些国有企业则希望反垄断法中能明确其在市场经济竞争中能够获取垄断资源的边界，并对外资强有力的并购挑战有所阻隔；而消费者则希望反垄断法能够限制和打击垄断者的不正当竞争行为，以规制市场中愈演愈烈的价高物劣的无序状态。
《反垄断法》背后的部门“卡位” 2005年03月07日出版 8/2005 总第218期 孙展 中国新闻周刊
2005年初，一则有关三部委角力《反垄断法》立法权，从而导致该法十年难产的报道，再度引发了外界对《反垄断法》的关注。商务部相关负责人随后进行了澄清，表示该法案经过商务部努力，已经上报国务院进行审议。
商务部的反应相当迅速，但在澄清说明中却对另外两个涉及角力的部委——国家工商总局、发改委——是否参与了立法只字未提。这似乎更印证了人们的种种猜测。