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From market abuse in the banking law context to creating monopolies : towards actual application of the anti-monopoly law of China 2007

Wang, Jing and De Gioia-Carabellese, Pierre (2018) From market abuse in the banking law context to creating monopolies : towards actual application of the anti-monopoly law of China 2007. In: The Annual Meeting on Law and Society (LSA 2018), 2018-06-07 - 2018-06-10, Sheraton Centre.

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    Abstract

    This paper demonstrates that the market abuse issue in China should be regulated by the AntiMonopoly Law of China 2007 (the 2007 Act), as currently this Law either voluntarily or involuntarily keeps avoiding the domestic banking sector. Although the definition of market abuse in the Banking Law context does not directly correspond to any terms in the AntiMonopoly Law context, this cannot be a reason for exemptions. According to EU "Market Abuse Regulation" (2014/596/EU) and "Market Abuse Directive" (2014/57/EU), market abuse in Banking Law includes insider dealing, unlawful disclosure of inside information and market manipulation. Because each of these issues would be able to create banking monopolies, the AntiMonopoly Law of China 2007 should be applied to these issues to prevent the monopolies from happening. Therefore, this paper will make recommendations for the actual application of the 2007 Act towards regulating market abuse.