Due Process in Antitrust Enforcement Through the Lens of Comparative Law

China’s blocking mechanism: the unreliable entity list

“…The AML (2008) distinguishes between two kinds of breaches, one of which is undertaken “without a valid reason” highlighted under Article 17 [57]. Although AML does not regard fault as a key determinant of a defence, a distinction can be drawn between whether the action is based on the entity’s own initiative or its passive obedience (Yoo et al , 2020). In terms of abusing a market dominant position, passive actions are perceived as less damaging to market competition than active ones (Zhou et al , 2019).…”