#Anti monopoly how to
Issue 2: Provisions Related to the Digital Economy: More Remains to be DoneĪn important background to the amendment is the wider discussion on how to properly respond to the challenges brought about by the development of the digital economy. Introducing “encouraging innovation” into the law may increase the use of innovation-related theories of harm in cases, and undertakings may use the promotion of innovation as a defense. In the implementation of the amended Anti-Monopoly Law, it is important to pay attention to the effect of introducing the idea of “encouraging innovation” as a legislative goal, especially in the high-tech sector where innovation plays an important role.
Meanwhile, some argue that “encouraging innovation” is more proper for Intellectual Property Law. Others are of the opinion that, since the mechanism of the Anti-Monopoly Law is to drive innovation through competitive pressure, “promoting innovation” is more suitable than “encouraging innovation.” Because compared with “encourage,” the word “promote” in the Chinese context can better reflect the meaning of pressure. Some undertakings support the addition of the new goal and believe that it may leave more room for defense in certain cases. Those who support this view believe that the development of the digital economy indicates that the Anti-Monopoly Law should play a more important role in promoting innovation, and this should be reflected in the legislative goals. On the other hand, adding new legislative goals may increase the difficulties of coordination. On the one hand, the existing legislative goals are flexible enough to ensure the promotion of innovation through competitive mechanisms. Those who disagree with this change provide two main reasons. There are different opinions on this change. The amended Anti-Monopoly Law adds “encouraging innovation” to Article 1. Issue 1: Encourage Innovation: The Challenge of Coordinating Different Legislative GoalsĪrticle 1 of the Anti-Monopoly Law specifies multiple legislative goals, including preventing and curbing monopolistic conduct, protecting fair market competition, enhancing economic efficiency, protecting consumer interests and public interests, and promoting the healthy development of the socialist market economy. This article looks at eight major changes in the Anti-Monopoly Law and discusses the issues that could emerge following its implementation. This is the first amendment of the Anti-Monopoly Law since it was issued in 2007. 1 The amended version will come into force on August 1, 2022. On June 24, 2022, China passed the amended Anti-Monopoly Law of the People’s Republic of China (hereinafter the “Anti-Monopoly Law”).
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