Abstract

Different from the German and European competition law, there is no explicit provision of China’s Antimonopoly Law which stipulates the equal and fair application of competition law upon all market participants including state-owned enterprises (SOEs). Though the interpretation of the Chinese Constitution may lead to the requirement of equal and fair application of the Antimonopoly Law upon SOEs, the enforcement practices are not consistent from case to case. Respect for competition neutrality or selective law enforcement? It is not only a challenge for antimonopoly law enforcement but also for the reconstruction of the economic system in China, as the equal application of the AML is closely connected with the market-oriented reform of SOEs. The Fair Competition Review, since 2016, would support establishing fair competition circumstances for both public and private enterprises. Anyway the equal and fair application of competition law upon all market participants needs explicit rules in law or even in constitution.