3/10/2023 0 Comments Anti monopolyThe game was originally to be produced in 1973 as Bust the Trust but the title was changed to Anti-Monopoly. The elimination of that chapter from the NovemDraft AML ("Current Draft AML" or "November 2005 Draft AML") essentially exempts such anticompetitive conduct from the reach of the Anti-Monopoly Law. Anti-Monopoly is a board game made by San Francisco State University Professor Ralph Anspach, in response to Monopoly. Earlier drafts of the proposed AML contained a chapter prohibiting so-called administrative monopolies, which are typically large "local champions" protected from competition by local and regional government bodies. The revised Anti-Monopoly Law of the People’s Republic of China (New AML) entered into force on August 1, 2022.The New AML introduces in the second paragraph of Article 60 that where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest. Broadly speaking, China's economy presents three principal features raising competition concerns: so-called local blockage or regional monopolies sectoral monopolies by Chinese firms, including state-owned enterprises ("SOEs') and a perception of alleged abuses of dominant positions by some foreign multinationals. However, concerns about the current draft remain. This is the first major legislative update of China’s competition law since it was first introduced in 2008, with the amended version of the AML (Amended AML) due to come into force on 1 August 2022. The language of the draft AML pending before the National People's Congress ("NPC") has incorporated many of these useful comments. On 24 June 2022, the 35 th session of the 13 th National People’s Congress Standing Committee passed the Decision to Amend the Anti-Monopoly Law (AML). To China's great credit, the State Council, the Ministry of Commerce ("MOFCOM"), the National Development and Reform Commission ("NDRC"), and the State Administration for Industry and Commerce ("SAIC") have solicited and studied numerous sets of comments from public and private organizations, companies, and academic experts around the world. These factors include the sheer scale and astounding growth of China's markets, the vast amounts of foreign capital recently invested in China, the burgeoning sales of Chinese goods abroad, the substantial growth in the participation of Chinese firms in foreign markets, and a recognition of the significant challenge posed by the establishment of free market competition in China's socialist market economy. To achieve a sea change in policy, the most important task is to legitimize a favored approach and delegitimize a disfavored. Several factors have combined to inspire an unprecedented flow of commentary and consortia on each iteration of China's draft AML. How the ‘anti-monopoly’ left overturned the US antitrust consensus. Though many jurisdictions have adopted competition laws in recent decades, none of these laws has engendered the level of interest sparked by China's proposed Anti-Monopoly Law ("AML").
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