The Research On The Priority To The Application When Conflict Exists Between The Anti-trust Law And The Industrial Policy

In today's society of highly developed market economy, there is the case that monopoly and competition coexist in the market. In order to ensure the development of market economy sound and orderly, it's a very important social problem to coordinate the conflict between the anti-trust law and the industrial policy in different economic fields. Especially in face of the giant impact of the financial crisis on the global economy, how to protect market competition poses a new challenge to the active implementation of the industrial policy. The anti-trust law is an integral part of competition law system, which belongs to the category of national laws, while the industrial policy is classified to the areas of national economic policy, both of which combine closely and conflict with each other. In the event of a conflict between them in the implementation of the anti-trust law, to take whose adaptation as a priority becomes a delicate problem we meet at present in the process of the execution of the anti-trust law.The focus of this paper studies the issue that which should be placed as the priority when the anti-trust law and the industrial policy conflict, and how to coordinate it. The research idea of this paper is as follows: first, put out the question and define the relevant concepts ; then analyze the coordination between the anti-trust law and the industrial policy from the perspective of economics and economic legal studies, and investigate the nature of the reason for their conflict, finally, on the basis of the experiences summarized from Japan, America, European Union and some other countries, make recommendations about the priority to the application when the anti-trust law and the industrial policy conflict. Eventually, the thesis forecasts a bright prospect about the coordination between the anti-trust law and the industrial policy, and discusses the problems to which great importance should be attached in the implementation of the anti-trust law and the industrial policy.The author analyzes the conflict between the anti-trust law and the industrial policy from economics point of view, and finds the principal contradiction is reflected in the resource allocation mechanism, policy objectives, industrial directions and so on; explores the conflict from the perspective of economic legal studies, and reaches a decision that the principal contradiction is exposed in target location, the path of realization, the conflict of the text provisions and so on; the author analyzes the conflict connecting with the China's national conditions, and draws the conclusion that the root cause bringing out the conflict between the anti-trust law and the industrial policy embodies in three aspects: first, the government still plays a leading role in the economy; second, the economic globalization promotes the internationalization of domestic competition; third, the existing system and benefit cause the path dependence. At the conclusion of the practical experience of Japan, America , European Union and other countries, this paper puts forward that so as to resolve the conflict between the anti-trust law and the industrial policy efficiently, the most important and distinguished problem is to determine the priority according to our country's economic foundation, namely, the fundamental realities of our country, and the coordination of the priority to the adaptation between the anti-trust law and the industrial policy must be carried out in phases. At the beginning of the gradual establishment of market economy in our country, the market mechanism has not been completed. On the objective condition of the inadequate competitive strength, to promote the national economy develop rapidly, healthy and stably, the proper choice is to give priority to the industrial policy which is oriented by social fringe and macro-planning, and the anti-trust law should play a supplementary role. With the further advancement of the reform of the market economy system, market will be really playing a basic role in allocating resources. At that moment, the anti-trust law should be timely returned to its status and function of "Economic Constitution"and protect the market economy develop sound and healthy. In the complete market economy system and fully-developed market economy structure, the anti-trust law is placed at the core. Only under the premise that competition policy plays a foundational part can the industrial policy be implemented. Meanwhile, when resolving the conflict between the anti-trust law and the industrial policy. China must simultaneously pay attention to the coordination with both sides, and make proper room for the formulation and implementation of the industrial policy. The formulation and implementation of the industrial policy should also be established on the basis of competition system which takes the anti-trust law as its main part, so that both the anti-trust law and the industrial policy based on the coordination can achieve their policy objectives.