EJIL : Debate!

• Fox, Eleanor M 1

Abstract

The Chinese competition model is primarily distinguished by its Chinese characteristics: a baseline that closely resembles US/EU law and an overlay of ‘state over market’ to do what is strategically good for China. Replying to Wendy Ng’s suggestion that the Chinese competition model might be usefully exported to developing countries, this article disagrees. The Chinese law does have some outstanding characteristics, and developing countries might need a state/market balance different from the laissez-faire West. But a more appropriate alternative vision for developing democracies is the state as enabler of the market rather than the state as controller of the market, along with emphasis on the inclusiveness value in controlling the power of the giant corporations.

• 1Walter J. Derenberg Professor of Trade Regulation, New York University School of Law, USA