La loi anti-monopole chinoise
Auteur | Legal News |
Entrant en vigueur le 1er août 2008, la loi anti-monopole chinoise (LAM) du 30 août 2007 a permis à la Chine de mettre en place un nouveau cadre du droit de la concurrence, afin notamment de lutter contre les "comportements monopolistiques". Cette loi a permis de rassembler sous un seul texte divers aspects du droit de la concurrence qui étaient jusqu'à présent régis par différents textes... "plus ou moins respectés dans les faits". Plus claire et plus complet, le cadre législatif offert par la loi anti-monopole prévoit également la mise en place d'autorités devant s'assurer de la bonne application du droit de la concurrence sur le territoire chinois. S'inspirant en grande partie des droits européen et américain, la LAM semble notamment trouver son inspiration dans le droit communautaire en ce qui concerne les ententes. Quant à l'influence américaine, elle se retrouve dans les dispositions concernant le droit anti-trust. La LAM présente cependant des spécificités chinoises, à l'instar de son chapitre V portant sur « l'abus de pouvoir par les autorités...
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