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Title: Competition law and policy in contemporary China : some critical issues
Author: Spano, Alessandro
Awarding Body: King's College London (University of London)
Current Institution: King's College London (University of London)
Date of Award: 2013
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Since the beginning of the process of economic reform and the introduction of the “Open Door Policy” in 1978, the People’s Republic of China has made remarkable progress in introducing competition to most sectors of its economy. Furthermore, during this transitional period, the enactment of industrial policies and foreign direct investment have played a key role in reshaping Chinese industrial structure and favouring the development of competition policy and law. After more than a decade of debates and drafting, on 30 August 2007, China adopted the Anti-Monopoly Law (hereinafter, “AML”), which represents the first comprehensive code in the field of competition law in the country. Competition law reforms in China and, in particular, the enactment of the AML, have been the subject of intense scholarly interest both in China and the West. Most early works of China’s AML focused on the historical review of the evolution of competition law in China, on the analysis of the legal provisions of the AML and speculations about its effectiveness. This PhD thesis will revisit these arguments and will attempt to tackle some further empirical and theoretical questions left hitherto unanswered. What sort of competition law have Chinese policymakers intended to create? What is the relationship between competition policy and other governmental policies? What purposes are served by enforcing competition law? And, finally, what is the status of competition law in China’s socialist market economy, both ideologically and practically? These questions will be answered by focusing on specific issues such as: merger policy and practice, administrative monopolies and State-owned enterprises, which are all particularly significant to understand how competition law functions in contemporary China.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available