Comparison Of Competition Law Systems Between Mainland And Hongkong

Mainland and Hongkong do not belong to the same law system, which makes it difficult to compare the competition law systems between mainland and Hongkong, and also is an obstacle to understand one another. As a result, we did not directly compare anti-competitive and monopolized behavior, but introduced the status quo, implementation and effect firstly and then compared the backgrounds and tenets of their legislation in detail. Following that, we compared and analyzed the countering unfair competition and anti-monopoly behaviors. Execute institution of competition law is a focus of competition law. Due to its importance, herein a chapter was used for the comparison of setup, authority, operation and execute effect of execute institution form different points of view. In addition, essential causation of the differences of execute institutions in the two areas was discussed fatherly.In the thesis, analysis and comparison of anti-competitive behavior is the most important part. Practical effect is the result of comparison. Law is no use without practical effect. Additionally, the theories of economic used in the two areas and their attitudes for competition law was discussed. Due to the limits of materials and nature of competition law, we pay more attention on the regulation of competition law, the related policy of competition and general cases in the two areas.By comparison, the competition laws in the two areas have obvious differences not only in anti-competitive behaviors, but also in backgrounds, tenets of their legislation and execute institution. I believe that the difference can be understood from two aspects. One is content, the other is effect. Concretely, many factors such as politics, economy, management and geographical location induced the difference. For the differences of execute effect, the differences of consciousness of people in the two areas and so on are important factors. The conclusions would help to the revision of《Countering Unfair Competition Law》and improving of《Anti-trsut Law》in mainland.Since 2006, 1, the third phase of CEPA protocol in the two areas have been become effective, the competitive industries and fields of in two areas would be expand. The number of products bargained on by both sides is over 1370. In the service and trade, the third phase of CEPA has 23 exoteric measures which involved 10 fields, including law, accountant, seeing and hearing, architecture, distribution, bank, negotiable securities, travel, transport and so on.. So we can conclude that following the compactness of economy in the two areas, the understanding of the competition laws in the two areas would be more and more indispensable.