Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys

Li, G; Young, AL

Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys

Li, G

Young, AL

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Publisher:: Emerald
Publication Type:: Journal Article
Citation:: Journal of International Trade Law and Policy (JITLP), 2008, 7 (2), pp. 186 - 202
Issue Date:: 2008-01

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Field	Value	Language
dc.contributor.author	Li, G https://orcid.org/0000-0002-6714-2981	en_US
dc.contributor.author	Young, AL	en_US
dc.date.issued	2008-01	en_US
dc.identifier.citation	Journal of International Trade Law and Policy (JITLP), 2008, 7 (2), pp. 186 - 202	en_US
dc.identifier.issn	1477-0024	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10435
dc.description.abstract	This paper retraces some of the key factors leading to the enactment of competition law in PRC and the prevailing debates for such laws to be enacted in HK. The regulatory journeys of one country under two different administrations is another interesting dimension, where one is a modern economy under a quasi-democratic government, the other is a developing one, labelled as a âmarket economy with socialist characteristicsâ under a centralised socialist government. We begin with a brief introduction to the PRC AML, followed by an overview of the act, and then address the uncertainties in various provisions as well as enforcement issues. Next part devolves into the debates in enacting competition law in HK, which til date has yet to become law. Despite the detailed proposal transplanting many ideas from the laws of other modern economies, they are some provisions that are either weak or continues to safeguard the interest of monopolies in selective sectors. This article concludes with some insights from the trials and tribulations of the new PRC law and HKâs drawn out policy dithering. Central to the experiences for both administrations is to balance between conventional wisdom in economic laws and domestic economic interests. Since, the laws in PRC are newly enacted and HK is still in the drafting process. The arguments highlighted in this paper tend to address the current concerns. The value of this comparative paper is to reveal the choice of regulatory strategies in HK and PRC.	en_US
dc.publisher	Emerald	en_US
dc.relation.ispartof	Journal of International Trade Law and Policy (JITLP)	en_US
dc.title	Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	7	en_US
utslib.for	1801 Law	en_US
utslib.for	1402 Applied Economics	en_US
utslib.for	1499 Other Economics	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	2	en_US
pubs.volume	7	en_US

Abstract:

This paper retraces some of the key factors leading to the enactment of competition law in PRC and the prevailing debates for such laws to be enacted in HK. The regulatory journeys of one country under two different administrations is another interesting dimension, where one is a modern economy under a quasi-democratic government, the other is a developing one, labelled as a âmarket economy with socialist characteristicsâ under a centralised socialist government. We begin with a brief introduction to the PRC AML, followed by an overview of the act, and then address the uncertainties in various provisions as well as enforcement issues. Next part devolves into the debates in enacting competition law in HK, which til date has yet to become law. Despite the detailed proposal transplanting many ideas from the laws of other modern economies, they are some provisions that are either weak or continues to safeguard the interest of monopolies in selective sectors. This article concludes with some insights from the trials and tribulations of the new PRC law and HKâs drawn out policy dithering. Central to the experiences for both administrations is to balance between conventional wisdom in economic laws and domestic economic interests. Since, the laws in PRC are newly enacted and HK is still in the drafting process. The arguments highlighted in this paper tend to address the current concerns. The value of this comparative paper is to reveal the choice of regulatory strategies in HK and PRC.

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http://hdl.handle.net/10453/10435