Monopoly Agreements and Abuse of Dominance: Some Remarks About the Substantive Rules

The portion of the Chinese Anti-Monopoly law concerning the substantive rules devoted to restrictive agreements and abuse of dominant position is the thoughtful fruit of a long process of elaboration of experiences which evolved elsewhere. Though any reasonable evaluation of this discipline will have to wait for consistent enforcement, which might drastically influence the impact of the law, the choices of the Chinese legislator can be taken as a precious benchmark for assessing the inland penetration of the two pivotal antitrust models –the US and the EU- and, even more, of the basic philosophies underlying them. The paperl collects a few remarks about the black letters of the law as it stands, and the tentative integrations contained in the draft regulations proposed by the authorities in charge of their enforcement.