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    Antitrust laws in both China and the US aim to promote fair competition and protect consumers by prohibiting monopolies and restrictive business practices. While the goals are similar, China's laws also focus on economic security and allowing government supervision of markets, given China's socialist system. Both countries' laws have evolved over time in response to changing markets and cases, with the US setting precedents that China refers to in developing its own legislation. Key differences remain in how state-owned enterprises are treated and the role of non-economic factors like national security.

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    Competition Law

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    Antitrust laws in both China and the US aim to promote fair competition and protect consumers by prohibiting monopolies and restrictive business practices. While the goals are similar, China's laws also focus on economic security and allowing government supervision of markets, given China's socialist system. Both countries' laws have evolved over time in response to changing markets and cases, with the US setting precedents that China refers to in developing its own legislation. Key differences remain in how state-owned enterprises are treated and the role of non-economic factors like national security.

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    197 views14 pages

    Antitrust: in China & The USA

    Uploaded by

    yahta
    Antitrust laws in both China and the US aim to promote fair competition and protect consumers by prohibiting monopolies and restrictive business practices. While the goals are similar, China's laws also focus on economic security and allowing government supervision of markets, given China's socialist system. Both countries' laws have evolved over time in response to changing markets and cases, with the US setting precedents that China refers to in developing its own legislation. Key differences remain in how state-owned enterprises are treated and the role of non-economic factors like national security.

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    Antitrust Law

    In China & the USA

    COMPANY
    LOGO

    Your Site Here


    What is ANTITRUST
    LOGO
    • Trust
    - A special trust or business trust is a business
    entity formed with intent to monopolize( 垄断）
    business, to restrain trade, or to fix prices 。
    Standard Oil Company——The Oil Trust, United States Steel Corporation
    —— The Steel Trust, International Mercantile
    Marine Company.—— The Shipping Trust
    Price fixing,Bid rigging,Geographic market allocation,Walker Process fraud
    • Antitrust
    - the large American corporations used trusts to
    conceal( 隐瞒 )the nature of their business
    arrangements.
    Big trusts became synonymous with big monopolies, and they
    threatened democracy and the free market.

    YOUR SITE HERE


    What is Antitrust law
    LOGO
    • Antitrust law
    -United States antitrust law is the
    body of laws that prohibits anti-
    competitive behavior (monopoly)
    and unfair business practices.

    YOUR SITE HERE


    Background
    LOGO
     The first TRUST corporation in U.S. In
    1879, C. T. Dodd, an attorney for the Standard Oil
    Company of Ohio, devised a new type of trust agreement
    to overcome Ohio state prohibitions against corporations
    owning stock in other corporations.
     The antitrust lawsdesigned to protect
    the core republican values regarding
    free enterprise in America.
    The main goal was never to protect consumers, but to
    prohibit the use of power to control the marketplace.

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    Legislation history
    LOGO
     Sherman Acts,1890
    The law attempts to prevent the artificial raising of
    prices by restriction of trade or supply
     Clayton Acts,1914
    specific categories of abusive conduct:price
    discrimination (section 2), exclusive dealings
    (section 3) and mergers which substantially lessen
    competition (section 7).
     Federal Trade Commission Act,1917

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    three main elements
    LOGO
     prohibiting agreements or practices that restrict
    free trading and competition between business
    entities. particular the repression of cartels.
     banning abusive behaviour by a firm dominating a
    market, or anti-competitive practices that tend to
    lead to such a dominant position.
    predatory pricing, tying, price gouging, refusal to
    deal, and many others.
     supervising the mergers and acquisitions of
    large corporations, including some joint ventures.

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    Application
    LOGO
     Standard Oil Co. of New Jersey v.
    United States, 221 U.S. 1 (1911)
     United States v. Microsoft ,1998

     U.S. filed an antitrust lawsuit against


    Exxon Mobil ( 埃克 森美 孚） and BP （英
    国石油 ） in 2005

     IBM’s sale of PC to Lenovo passes U.S


    antitrust review

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    Application
    LOGO
     maximum imprisonment term for
    price fixing from 3 to 10 years,
     maximum fine from $10 to $100
    million.
     Microsoft:1,800,000,000,
    750,000,000

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    Arguement
    LOGO
    ANTITRUST LAWS SHOULD BE ABOLISHED

    ●Antitrust law is a collection of vague, inconsistent, complex, and non-objective


    laws
    ●Pure and perfect competition is an unrealistic ideal that antitrust law wants to
    creat
    ●monopoly power has essentially been immune from antitrust regulation –
    government-created monopolies are not made the target of antitrust investigations
    ●Antitrust laws also involve large economic costs. could be applied to create
    inefficiency, rather than to avoid inefficiency

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    Comparison
    LOGO
     Antimonopoly law in china has just
    came into force in Aug 1 this year.
     U.S. sets an example for China
    although antitrust law is a controversy in U.S. recent years,
    concerning that our supplementali-zation of legislation is still
    in process and the markets are not as maturely open as that of
    U.S.,lawmakers has refered to statutes of U.S. a lot.
     There are similarities between antitrust law
    in china and that in U.S to some extent.
    purpose to prohibit monopoly,creat and maintain a
    competitive market to achieve economic development

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    Comparison
    LOGO
     The goal of the antitrust law of China differs
    from those of western countries
    As China is a country of socialisism ,government is enpowered
    to supervise the market and legislation method is part of the
    supervision..
     Among the stated aims of the law are to
    * advance consumer interests
    * promote economic efficiency
    * protect economic security, which includes
    subjecting foreign acquisitions of Chinese
    corporations to national security review

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    Comparison
    LOGO
     The law, as opposed to the antitrust
    laws of the United States and EU,
    subjects state-owned enterprises to
    the same regulatory measures.
    The law would be a tool in the Chinese government's
    protracted struggles against internal protectionism,
    where (similar to the entrenched involvement in the
    legislative process in United States) private special
    interests are deeply entrenched in national, provincial
    and local government agencies .

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    LOGO
    Antitrust law now is viewed as the
    constitution of economics.it can be a
    useful tool to deal with unfair
    competition and protection for
    customers.we can not say whether
    Huiyuan should be sold to Coca-cola
    as well as we can not say whether it’s
    right or incorrect but it would be
    perfectible.Time will tell.

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    LOGO

    Thank you!

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