This chapter introduces the anti-monopoly rules and enforcement system in China, so that international readers can have a better understanding of Chinese legal system. To keep a balance between the antitrust intervention and the use of trade secrets, and to make the application of Chinese competition law predictable, this chapter recommends reforming Chinese competition rules to establish specific tests for determining the abuse of dominance in trade secrets. It suggests that China should consider the characteristics of trade secrets (as opposed to other forms of intellectual property) in the abuse of dominance cases when amending China’s anti-monopoly guidelines regarding intellectual property. These recommendations, if adopted, would provide Chinese competition authorities and courts with more specific guidance on dealing with the interplay between competition law and the exploitation of trade secrets in the future, and improve the enforcement of Chinese competition law in the area.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Proposed Recommendations for China’s Anti-monopoly Legal Practices

  • Peicheng Wu

摘要

This chapter introduces the anti-monopoly rules and enforcement system in China, so that international readers can have a better understanding of Chinese legal system. To keep a balance between the antitrust intervention and the use of trade secrets, and to make the application of Chinese competition law predictable, this chapter recommends reforming Chinese competition rules to establish specific tests for determining the abuse of dominance in trade secrets. It suggests that China should consider the characteristics of trade secrets (as opposed to other forms of intellectual property) in the abuse of dominance cases when amending China’s anti-monopoly guidelines regarding intellectual property. These recommendations, if adopted, would provide Chinese competition authorities and courts with more specific guidance on dealing with the interplay between competition law and the exploitation of trade secrets in the future, and improve the enforcement of Chinese competition law in the area.