Author: Justin Pwavra Teriwajah*
Abstract
As a general rule, Chinese law frowns on anti-competitive behaviour of companies. The National Development and Reform Commission (NDRC) is the Chinese antitrust administrative agency that has the responsibility to enforce the law relating to behaviour by companies that constitutes price-related anti-competitive behaviour. However, the law itself has made provision for exceptional instances under which anti-competitive behaviour may be permitted. This short paper makes the case that even though the NDRC may not be able to fight against anti-competitive behvaiour which is exempted under the Anti-Monopoly Law, companies that are the beneficiaries of such agreements may have a hard time seeking to enforce such agreements because these agreements are fraught with their own set of legal problemsor challenges.
