EJIL : Debate!

• Ng, Wendy 1

Abstract

Competition law is increasingly international in its scope and application. Today, over 130 jurisdictions have competition law. Although most competition laws are national in scope and no formalized competition law-related rules apply globally, international norms for competition law have been created and fostered. These norms largely reflect the perspectives and approaches of the USA, European Union and developed countries more generally. However, developing countries now constitute the majority of competition law jurisdictions, and Brazil, Russia, India, China and South Africa – which all have competition laws – have risen as important economic powers. Whether and how these changing global dynamics will impact international competition law norms is an important issue that remains under-explored. This article considers this question by examining China and its competition law. It examines the extent to which China has adopted and incorporated international norms into its competition law and evaluates whether China’s approach to, and understanding of, competition law might challenge or change the development of international competition law norms in the future.

• 1Melbourne Law School, University of Melbourne, Australia