Regulate The International Cartel By Anti-Monopoly Law

With the acceleration of the world economic integration is the expansion of monopolization. As a worldwide monopolization, international cartel is exerting a great influence towards the world competition order, which has drawn intensive attention. The developed capitalist countries and regions like the US, the EU and Germany have gained an effective system and made some progress. During the process of its opening up gradually, China has also suffered a lot from international cartel but is powerless to fight back due to the lack of relevant laws and experience. With the implement of the anti-monopoly law of the PRC, the monopolization of China is being standardized and systemized. The author based on the anti-monopoly law of the PRC attempts to discuss the way to build up the concrete system of international cartel through the analysis and reference of the anti- monopoly experience from the developed world.This paper strives to call the anti-monopoly organs'attention to international cartel by analyzing the harm international cartel does China. The author explores the construction of international cartel system on the basis of the current anti-monopoly law. To begin with, the author conducts research on the basic issues about international cartel and undertakes a complete analysis of the development, the classification and the harm of international cartel. Second, the author probes the influence international cartel brings to China's economy and competition order. Last but not least, this paper proposes suggestions on the regulation of international cartel bases on the analysis of foreign rich experience and the general conditions of China. Apart from the introduction and conclusion, this paper can be divided into three parts.Part One is manly about the basic issues about international cartel and the developed countries'regulation towards international cartel. The author bases on the research towards international cartel to raise the concrete frame. Two respects are induced in this part: one is about the history and classification of international cartel and the economic analysis of it as well. The other one is the comparison of some countries'regulation towards international cartel.Part Two includes the harm international cartel has done to China's economy and competition order and the challenge it brings to the anti-monopoly practice in China. At present scholars'concern about international cartel is mostly on the research on the foreign anti-monopoly system. But the actual influence international cartel brings to China is hardly involved. The author sorts out and reclassifies the influence and points out the challenge the present laws are faced with.In Part Three, analyzing the anti-monopoly law of the PRC and the anti-monopoly practice, the author proposes her suggestions on the regulation of international cartel, one of which is to analyze the current anti-monopoly law and offer applicable advice and complement and the other is to build up the law enforcement system to regulate international cartel.