Author
Ms Lin Meichen
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Competition Law
Title
Standardization of Antitrust Law Enforcement Cooperation Procedures under ACFTA 3.0
Abstract
With the upgrade of the China–ASEAN Free Trade Area (ACFTA) to its 3.0 version, which entered into force in October 2025, international cooperation in antitrust enforcement among the members has been elevated to a key focus of institutional deepening. However, a formal cooperation framework has yet to be developed, as the antitrust laws of most ASEAN member states—including China—are relatively new. In the context of rapidly expanding cross-border business activities and investment within the ASEAN region, these institutional shortcomings risk undermining investor confidence and disrupting market competition, thereby creating systemic bottlenecks. This paper centers on constructing a standardized procedural framework for antitrust law enforcement cooperation within ASEAN. It proposes the following pathways to achieve regional enforcement coordination: a. Information Exchange: Establish a routine information-sharing platform for timely dissemination of enforcement developments. b. Mutual Assistance in Evidence: Formulate cross-border evidence-collection arrangements to ensure the legality and admissibility of evidence. c. Joint Investigations: Create multinational investigative teams with unified procedures and standards. d. Coordinated Remedies: Build a cross-border remedial mechanism that enables mutual recognition and implementation of sanction decisions. e. Recognition of Penalties: Adopt a reciprocal recognition system for penalty orders to avoid duplicate sanctions. To assess the flexibility and legal efficacy of the proposed mechanism, the study develops two scenario-analysis models: Scenario 1: Examines traditional anti-competitive conduct that Chinese enterprises may encounter when expanding abroad, such as exclusive dealing, platform data abuse, and regional market concentration. Scenario 2: Focuses on potential buyer power in labor markets and wage suppression arising from Chinese firms’ expansion in Southeast Asia. Anchored in the Protocol on Upgrading ACFTA 3.0, this research constructs a standardized, transparent, and legally binding ASEAN antitrust enforcement coordination framework, aiming to establish a new, coherent, and distinctly Asian model of competition law.
Biography
I am a doctoral candidate in Law at East China University of Political Science and Law, specializing in Antitrust and Economic Law. My research focuses on the application of competition law to labor markets, exploring how antitrust regulation interacts with labor law to safeguard worker welfare. My doctoral dissertation examines the feasibility of applying China’s Antitrust Law in labor market contexts, contributing to the development of institutional and procedural frameworks for enforcement. I have published research on RCEP-related dispute resolution mechanisms in Chinese CSSCI journals and participated in comparative studies on ASEAN antitrust cooperation under the ACFTA 3.0 Upgrade Protocol. Additionally, I have completed an international tax summer training program organized jointly by Xiamen University and the OECD, gaining exposure to cross-border regulatory practices. I am experienced in legal analysis, policy evaluation, and scenario-based modeling of market structures. My academic interests lie at the intersection of competition policy, labor law, and regional economic integration, with an emphasis on evidence-based approaches that balance efficiency, equity, and enforceability. I aim to contribute to both theoretical understanding and practical solutions for enhancing market competition and protecting labor welfare in China and the broader Southeast Asian region.
