The Research On Cartel And Its Regulation

Cartel is one of the important patterns to restrict market competition. It is usually through fixing price, limiting output, and dividing market to achieve this restriction. In foreign countries, Cartel is always one of the important parts in anti-monopoly acts. In the developed countries as U.S, Japan and EU, a series of advanced cartel regulation systems have been constituted. In China, with the development of market economy, some actions to restrict market competition and therefore the phenomena of Cartel have appeared in many industries. Therefore, the research on Cartel and its regulation is absolutely necessary.In this paper, we firstly discuss the essential elements of Cartel in order to constitute a systematic understanding of Cartel. These elements include its definition, characteristic, cause and possible harm. Based on these understandings, we compare the anti-monopoly acts in U.S, Japan and EU and thoroughly analyze the lawmaking and practice of Cartel regulation in these acts in order to find out the common rules of Cartel regulations. Finally, based on these analyses and discussions on Cartel regulation, we put forward some concrete suggestions on the legislation of Cartel regulation in our country. We point out that the regulation of Cartel is determined by many facts such as the effect of Cartel on competition and the economic and politic condition of the country.