A Tiger Without Teeth? Regulation of Administrative Monopoly Under China's Anti-Monopoly Law

摘要

We identify in this paper the sources and types of administrative monopoly and the possible harms that administrative monopoly causes to the Chinese economy in its current institutional environment. We review the arguments for and against the inclusion of provisions on administrative monopoly in the ambit of the Anti-Monopoly Law and explain the weaknesses of such provisions. After analyzing the clauses against administrative monopoly in some countries' antitrust laws and two recent litigation cases on administrative monopoly in China, we detail the challenges in practicing anti-administrative monopoly law and provide a number of suggestions as to how the law and its enforcement can be improved.