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An Issue Neglected in the Revision of China's Anti-Monopoly Law: How to Connect with the Anti-Unfair Competition Law?

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DOI: 10.23977/law.2022.010107 | Downloads: 24 | Views: 386

Author(s)

Feng Zhao 1

Affiliation(s)

1 Institute of Intellectual Property and Competition Law, Wuhan University, Wuhan, 430072, China

Corresponding Author

Feng Zhao

ABSTRACT

In order to improve the business environment and optimize the legal system, Chinese legislators have been accelerating the revision of the Anti-Unfair Competition Law and Anti-Monopoly Law in the past two years. Among them, the Anti-Unfair Competition Law has been revised in 2019, and the Anti-Monopoly Law will also be revised in 2022. However, this law leaves a very difficult problem, that is, when the two basic competition laws are applied to regulate some kind of unlawful competition, such as low-price dumping and abuse of comparative advantage, it may lead to normal joinder institutional predicament. Therefore, so as to solve this problem, this paper believes that the general provisions of the Anti-Unfair Competition Law should be applied in the future based on the evaluation of the legitimacy of competition behaviors and on the basis of respecting the target value and legitimate reasons of the Anti-Monopoly Law.

KEYWORDS

Anti-unfair competition law, anti-monopoly law, general clause, institutional interface, normative joinder

CITE THIS PAPER

Feng Zhao, An Issue Neglected in the Revision of China's Anti-Monopoly Law: How to Connect with the Anti-Unfair Competition Law?. Science of Law Journal (2022) Vol. 1: 38-44. DOI: http://dx.doi.org/10.23977/law.2022.010107.

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