The Chinese Anti-Monopoly Law: Lessons for Australian banks and Chinese regulators

Abstract

This research project compares the application of the competition laws of China and Australia to bank mergers, against financial regulatory frameworks and the dual objectives of competition and economic stability. As the title indicates, it seeks to identify lessons for Australian banks and Chinese regulators. A number of features dictate that the two jurisdictions will differ on many issues: ideological approach to the role of the market and the degree of appropriate government intervention; stage of economic development; nature of banking markets, particularly the extent of regulation. All of these features mean that many comparisons which could be made were not really of like with like. The research found a number of differences between approaches to merger analysis, particularly in relation to the role of competition itself.