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Defining the Relevant Market of Horizontal Mergers under the Anti-Monopoly Law in China —What Can China Learn from the EU?

Hu, Xinyu LU (2015) JAEM03 20151
Department of Law
Abstract
This thesis discusses the definition of relevant market in both European Union and China under horizontal merger control. The AML was published in 2008 and took EU Competition law as an important reference. Comparing to the EU, the legislation and law enforcement of merger control in China is relatively limited. What can China learn from the EU and its abundant experience in Competition law? How to improve the skills of defining the relevant market? And further, how to improve transparency on both case decisions and judicial reviews in China? Through the comparisons with the EU, suggestions on further development of the relevant market definition in China will be proposed.
Popular Abstract
China established the AML in 2008 and opened a new epoch for China’s competition law.The AML built the framework of China’s social market competition order, and provided legal bases for the business activities in social market economy. EU competition law is one of the most important references for the establishment of the AML. There are many similarities between EU and China of the core points in competition regulation and practice.A proper definition of the relevant market is the first step as well as the key step of merger assessment.Compared with the experience of EU in defining the relevant market, some suggestions are proposed for the further development of the MOFCOM. First of all, the techniques of defining the relevant market... (More)
China established the AML in 2008 and opened a new epoch for China’s competition law.The AML built the framework of China’s social market competition order, and provided legal bases for the business activities in social market economy. EU competition law is one of the most important references for the establishment of the AML. There are many similarities between EU and China of the core points in competition regulation and practice.A proper definition of the relevant market is the first step as well as the key step of merger assessment.Compared with the experience of EU in defining the relevant market, some suggestions are proposed for the further development of the MOFCOM. First of all, the techniques of defining the relevant market should be improved and comprehensive analysis of the reasons for the definition of the relevant market should be illustrated in the case decision. Secondly, increase the transparency on competition investigation and case decision. The level of information release is relative low of the MOFCOM comparing to the EU. Thirdly, the government should work on the effectiveness of judicial review. (Less)
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author
Hu, Xinyu LU
supervisor
organization
course
JAEM03 20151
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Anti-monopoly Law，EU Competition Law, relevant market
language
English
id
7510886
date added to LUP
2015-07-16 14:56:01
date last changed
2015-07-16 14:56:01
@misc{7510886,
  abstract     = {{This thesis discusses the definition of relevant market in both European Union and China under horizontal merger control. The AML was published in 2008 and took EU Competition law as an important reference. Comparing to the EU, the legislation and law enforcement of merger control in China is relatively limited. What can China learn from the EU and its abundant experience in Competition law? How to improve the skills of defining the relevant market? And further, how to improve transparency on both case decisions and judicial reviews in China? Through the comparisons with the EU, suggestions on further development of the relevant market definition in China will be proposed.}},
  author       = {{Hu, Xinyu}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Defining the Relevant Market of Horizontal Mergers under the Anti-Monopoly Law in China —What Can China Learn from the EU?}},
  year         = {{2015}},
}