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UPDATED: December 20, 2006 NO.28 JULY 13, 2006
Making of the Law in China
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1987 The Legislative Affairs Bureau of the State Council established a group to draft a competition law to deal with both monopoly and competition by inappropriate means.

1988 Draft on the Provisional Regulations Against Monopoly and Competition by Inappropriate Means was completed, but the State Economic and Trade Commission and State Administration for Industry and Commerce decided that monopolistic practices are not common. Hence the drafting group split the law into two: Anti-Monopoly Law and Law Against Competition by Inappropriate Means.

1993 The Third Meeting of the Standing Committee of the Eighth National People’s Congress passed the Law Against Competition by Inappropriate Means.

1994 The Anti-Monopoly Law was put on the legislative agenda of the Standing Committee of the Eighth NPC and the State Economic and Trade Commission and State Administration for Industry and Commerce were made responsible for drafting the law.

2003 In an institutional reform of the State Council, the State Economic and Trade Commission was dismantled and the Ministry of Commerce took over the drafting of the law.

2004 The draft Anti-Monopoly Law written by the Ministry of Commerce and State Administration for Industry and Commerce was submitted to the State Council. In the draft, the Ministry of Commerce is made the department responsible for curbing monopolies.

2005 In February, the Office of Legislative Affairs of the State Council held the first meeting on drafting the Anti-monopoly Law. The Ministry of Commerce’s draft was abandoned and the State Council began to organize drafting the law. The Anti-Monopoly Law was put on the legislative agenda of the NPC and the draft was scheduled for completion by June. The final law was set to finish by the end of 2005. In October, the drafted law was not submitted to the meeting of the NPC Standing Committee and deliberations were postponed to 2006.

2006 The State Council discussed and approved in principle a draft of the Anti-Monopoly Law at an executive meeting on June 7. After further revision, the draft was submitted to the NPC Standing Committee for first hearing on June 24-29.



 
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