The Legal Significance and Institutional Implementation of the “Encouragement of Innovation” Objective in China’s Anti-Monopoly Law in the Digital Economy Era : Focusing on the 2022 Amendment to China’s Anti-Monopoly Law

Key Points

• The study aims to evaluate how the 2022 amendment to China's Anti-Monopoly Law incorporates innovation as a significant factor in competition assessments.
• Review of the structure and legislative background of the amendment.
• Analysis of the structural barriers to innovation in digital platform markets.
• Structuring 'innovation harm' as a separate category within competition assessments.
• Presentation of interpretative and procedural pathways for considering innovation in various regulatory contexts.
• The amendment highlights innovation as a key factor rather than a mere policy statement.
• Recommendations for applying innovation considerations in specific anti-monopoly regulations.
• Identification of potential new interpretations in competition assessments affecting digital markets.

Abstract