Research On The Anti-monopoly Law Enforcement Agencies In China

To protect free and fair competition order, anti-monopoly law is one of the basic laws to modern market economy, and its essential function operates efficiently is depending on the law enforcement agencies. But the "People's Republic of China Anti-Monopoly Law" which has just introduced does not stipulate clear anti-monopoly law enforcement agencies, therefore, explore how to establish anti-monopoly law enforcement agencies and set of its responsibilities reasonably are of great significance. After analyzing the existing anti-monopoly law enforcement agencies, think there are some defaults in the existing anti-monopoly law enforcement agencies, such as the lack of anti-administrative monopoly law enforcement agencie ,the enforcement power is limited, etc. so the anti-monopoly law enforcement agencies must be reconstructed. Reconstruct China's anti-monopoly law enforcement agencies should follow the independence principle, streamlining principle, the principle of balances, with the world's anti-monopoly law enforcement system and the development trends ,suited to our national conditions and learn from the experience of foreign countries , take these principles as a guide, considering of China's national conditions, pointing out that the establishment of a new conditional authority and independent anti-monopoly law enforcement agencies with which quasi-judicial in China will meet many difficulties, such as the resitance from the existing law enforcement agencies,the resitriction of outlay, etc.Taking into account China's monopoly status and the differences in administrative monopoly and economic monopoly , we should be set up anti- ecnomic monopoly enforcement agencies and anti-administrative monopoly enforcement agencies. In comparison of the terms of reference and agencies in the State Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce ,we think that take the State Administration for Industry and Commerce as an anti-monopoly authority is feasible, and anti-administrative monopoly power could be carried out by the State Council's "anti-monopoly committee" exercise.In specific settings, the composition,the decision-making mechanism and power distribution should be properly resolved. Furthermore, discussing how to deal with the conflicts between the anti-monopoly authorities and industry regulators and industry relations department is very importment. We should establish coordination and cooperation mechanism between antitrust authorities and industry regulators department. In coordination with the anti-monopoly authorities of the industrial policy department, we should uphold the anti-monopoly authorities in the field of economy and the independence of law enforcement priority, and establish consultative mechanisms between them.