11 Competition Law and Industrial Policy in China

Subject(s):

Monopoly — Intellectual property rights (IPR) — Jurisdictions — State and competition law

This chapter explores how competition law and industrial policy necessarily operate within jurisdiction-specific economic, political, and social contexts, resulting in legal frameworks which incorporate broader policy considerations that determine the specific contours of the legal prohibitions against anti-competitive conduct. As a rapidly developing economy with ambitious industrialization goals, China provides a good example of the nexus between competition law and industrial policy in the last decade when its cross-sectoral AML came into force. The chapter examines the interaction between China's competition law and industrial policy frameworks, focusing on how its competition authorities and courts have applied the AML to cases with broader national economic implications.