Issues surrounding the drafting of China’s Anti-Monopoly Law

The Law Against Unfair Competition was passed in China in 1993. In May of 1994, an Anti-Monopoly Law drafting group, which consisted of members of the legal departments of the State Economic and Trade Commission (SETC) and the State Administration of Industry and Commerce (SAIC), was organized and established to discuss the possibility of an Anti-Monopoly Law. During the legislative process, the drafting group listened to opinions and suggestions from Chinese experts on Anti-Monopoly Law. At the same time, international organizations and foreign countries with advanced market economy systems such as OECD, World Bank, UNCTAD, APEC, Germany, the United States, Japan, Australia, and South Korea continuously supported the drafting group. OECD in particular contributed greatly to the international symposiums organized jointly with the Chinese drafting group on Anti-Monopoly Law between 1997 and 1999, in which the draft law was discussed article by article. There are fifty-six clauses in the eight chapters of the latest draft of the Anti-Monopoly Law as of February 26, 2002. Generally speaking, it is a