Research In Our Antitrust Judicial Review Mechanism

In this paper, our antitrust judicial review mechanism, as the research object, is the power of judicial review in the application of antitrust law, which brings stages in antitrust enforcement into judicial review, and there is specific model under each antitrust law enforcement mode. Learning from the legislative practice in antitrust system developed more mature, is to research and discuss in the concept, values, basis, principle and scope of our antitrust judicial review mechanism and the procedural rules from the startup review and trial to the last decisions and implementation. There is three parts:The first part is the basis for the antitrust judicial review, to define its concept, to discuss its two values of fairness and efficiency, and to introduce the specific antitrust judicial mechanisms in the representative nationals and regions between the judicial-led and executive-led antitrust law enforcement modes.The second part is for the substance content of our antitrust judicial review mechanism, according to a series of cross-cutting laws and regulations, basic on the principles of legality and rationality, discussing the scope of our antitrust judicial review system.The third part is for the procedural content of our antitrust judicial review mechanism, following the proceedings, to judge its jurisdiction and qualifications at first, followed to discuss review pre-procedure, and then to share the burden of proof, and finally to investigate the last decisions and implementation after hearing the case."Antitrust Law", "Administrative Procedure Law" and "Constitution" establish our antitrust judicial review mechanism, but there is lack of supporting implementation of rules and cases, so little workable. The author believes that the ultimate goal of theoretical research is to solve the problems which has occurred and anticipated potential in practice, against the large blank in our antitrust judicial review mechanism, this paper investigates the substance and procedure, and makes a number of views and proposals on improving the implementation of our antitrust law system combined with the advanced practical experience in Europe and America.