Antitrust Law on ExcellentWiki - Legal Encyclopedia

Chinese Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

China’s competition law regime is anchored in the Antimonopoly Law (AML), promulgated on 30 August 2007 and effective from 1 August 2008. A comprehensive revision took effect on 1 August 2022, introducing significant institutional and substantive changes. The AML regulates monopoly agreements, abuse of dominance, merger control, and abuse of administrative powers to eliminate or restrict competition. The principal enforcement authority is the State Administration for Market Regulation (SAMR) , which since 2018 has consolidated the competition enforcement functions previously distributed among the Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC), and the State Administration for Industry and Commerce (SAIC). SAMR’s Anti-Monopoly Bureau exercises both investigative and merger review functions.

EU Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Treaty Framework

EU competition law derives from the Treaty on the Functioning of the European Union (TFEU) . Article 101 TFEU prohibits anticompetitive agreements, decisions by associations of undertakings, and concerted practices that may affect trade between Member States and prevent, restrict, or distort competition within the internal market. Article 102 TFEU prohibits abuse of a dominant position within the internal market or a substantial part of it. The European Commission—specifically the Directorate-General for Competition (DG COMP) —is the primary enforcer, exercising powers of investigation, decision, and sanction, subject to review by the General Court and the Court of Justice of the European Union (CJEU) .

French Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

French competition law is codified in Book IV of the Code de commerce (Articles L. 420-1 to L. 464-13). The principal enforcement authority is the Autorité de la concurrence (French Competition Authority), an independent administrative authority established by Law No. 2008-776 of 4 August 2008. The Autorité replaced the former Conseil de la concurrence and exercises both adjudicative and advisory functions. The Minister of the Economy retains certain powers, including the ability to refer mergers to the Autorité and to enforce competition rules in sectors not reserved to the Autorité. Decisions of the Autorité are subject to appeal before the Cour d’appel de Paris and, on points of law, the Cour de cassation.

German Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

German competition law is codified in the Gesetz gegen Wettbewerbsbeschränkungen (GWB) —the Act Against Restraints of Competition—first enacted in 1957 and regularly amended. The GWB operates alongside EU competition law, applying to conduct that does not satisfy the EU effect-on-trade criterion. The Federal Cartel Office (Bundeskartellamt), based in Bonn, is the principal enforcement authority, with a reputation as one of the most active and influential competition agencies in Europe. Appeals from Bundeskartellamt decisions lie to the Oberlandesgericht Düsseldorf and, on points of law, to the Bundesgerichtshof.

Russian Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

Russian competition law is codified in Federal Law No. 135-FZ “On Protection of Competition” (the Competition Law), adopted on 26 July 2006. The law regulates monopolistic activity, unfair competition, merger control, state and municipal preferences, and the prohibition of anticompetitive acts by state bodies. The principal enforcement authority is the Federal Antimonopoly Service (FAS Russia) , a federal executive body directly subordinate to the Government of the Russian Federation. The FAS is organized through territorial departments and central directorates, with sector-specific oversight in digital markets, agriculture, pharmaceuticals, transportation, and fuel and energy.

UK Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

UK competition law is principally governed by the Competition Act 1998 and the Enterprise Act 2002. The Competition Act reproduces the substance of EU Articles 101 and 102 TFEU through its Chapter I and Chapter II prohibitions. Chapter I prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade within the UK and have as their object or effect the prevention, restriction, or distortion of competition. Chapter II prohibits abuse of a dominant position that may affect trade within the UK. The Enterprise Act establishes the UK’s distinct merger control and market investigation regimes and created the Competition and Markets Authority (CMA), which became fully operational in April 2014.

US Antitrust Law

Mon, 06 Jul 2026 00:00:00 +0000

Statutory Framework

US antitrust law rests on three core federal statutes. The Sherman Act of 1890 prohibits contracts, combinations, and conspiracies in restraint of trade (§1) and monopolization, attempted monopolization, and conspiracies to monopolize (§2). The Clayton Act of 1914 addresses specific practices—mergers and acquisitions (§7), price discrimination (Robinson-Patman Act), exclusive dealing, and tying arrangements—where the effect “may be substantially to lessen competition.” The Federal Trade Commission Act of 1915 §5 prohibits “unfair methods of competition” and empowers the FTC to enforce antitrust law alongside the DOJ Antitrust Division. The Hart-Scott-Rodino Antitrust Improvements Act of 1976 established a mandatory premerger notification regime requiring parties to certain transactions to file with both agencies and observe a waiting period before consummation.