The specific addition of “the management of the Communist Party of China shall be adhered to in anti-monopoly work” in Article four of the New Law isn’t solely an expression of its due meaning, but in addition an emblem of the AML’s place of “economic structure”. The management of the Communist Party of China (“CPC”) was established in theConstitution of the People’s Republic of China, however such assertion or its similarities have been not often seen in the quite a few existing departmental laws. Paragraph 2 of Article 60 of the New AML stipulates that where an enterprise commits a monopolistic act that damages the general public interests, the People’s Procuratorate at or above the extent of cities with districts could file a civil public curiosity litigation within the People’s Court in accordance with legislation. In major antitrust jurisdictions all over the world, the “safe harbor” rules are universally utilized. This displays that China’s understanding of the status and function of the AML has been sublimated after its 14-year implementation. The so-called “secure harbor” rule refers to the provision under which the monopolistic acts by undertakings who meet sure conditions are presumed not having anti-competitive results, thus are exempted by the law.
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