Re: Draft Anti-Monopoly Law
The EU-China WTO II Programme is seeking the Legal Working Group?? (LWG) support on a project they??l soon launch to help advise the Chinese Government on the drafting of its Anti-Monopoly Law. Given the importance of this endeavor we ask that LWG members start considering, ahead of the next LWG meeting on 3 December, how best to mobilize resources ??whether locally in China or by drawing on legal expertise in Europe ??so as to maximize the project?? overall impact.
The Anti-Monopoly Law Project will have three components: 1) A research phase which will generate a comprehensive report/comparative study (December 2004-March 2005); 2) A two-day seminar which would coincide with the visit of the EU Commissioner for Competition (April 2005); 3) Further direct consultations between Chinese authorities and European business, perhaps with the setting up of a Panel of Experts (April 2005 and beyond).
The WTO II Programme sees the LWG playing a critical role at every step of the process. Initially this would mean providing them with ideas regarding the key issues to be addressed (they are also in touch with MOFCOM to collect policy priorities from the Chinese side) and a tentative list of European business contacts who would have the expertise to contribute to the project. Having such feedback will enable them to then spell out the project?? Terms of Reference with Chinese counterparts and approve a budget.
With regard to financing, an appeal will be made to both European law firms and other European companies as it is likely that the Programme will expect some form of co-sponsorship from LWG members; yet we are confident that European businesses will recognize the significance of this opportunity and contribute financially for the right to advise the Chinese Government on its competition policy ??which will have flow-on effects across all of China?? economic landscape.
Please kindly email your comments to Nicolas Ruble on nruble@euccc.com.cn. A detailed agenda for the 3 December LWG meeting will be distributed shortly.
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