Monthly Archives: March 2016

Highlights of the Draft Amendment to China’s Anti-Unfair Competition Law: Abuse of a Comparatively Advantageous Position

March 18, 2016


On February 25th 2016, the State Council published the Anti-Unfair Competition Law (Draft Amendment) (the law hereinafter the “AUCL”, the draft amendment hereinafter the“Draft”) for public comments. Certain issues have arisen since the implementation of AUCL in 1993, for example, new types of unfair competitive behaviors have been under-regulated and the penalties do not have enough deterrent effects. Also, since 2008, the enactment of the Antitrust-Monopoly Law (“AML”) has resulted in overlaps and inconsistent standards of application.
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China proposes a revamp to its Anti-Unfair Competition Law – Changes relevant to companies’ business practices

March 14, 2016

On 25 February 2016, the Legislative Affairs Office of the State Council issued a new draft of the amended Anti-Unfair Competition Law (“Draft”) for public comment. The Draft entails an important overhaul of the current law, which was first enacted in 1993. It aims to bring the Anti-Unfair Competition Law (“AUCL”) in line with more recent domestic legislation (e.g., the Trademark Law and the Anti-Monopoly Law), harmonize the Chinese law with international legal standards, codify the majority view in Chinese jurisprudence, and modernize the AUCL through the adoption of an array of brand-new principles and provisions.
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