The Analysis On The Game Of China's Anti-monopoly Law

Anti-monopoly law is the basis of market economy laws, and it has an important role in the regulation of monopolistic behavior, maintenance of market competition and protection of consumer interests. In 2007, the anti-monopoly law marks that the reform of China's socialist market economic system has taken an important step. This article analyzes the game of interests between the development process of China's anti-monopoly law and the stakeholders in legislation and enforcement of anti-monopoly law. On this basis, the author points out the shortcomings of China's anti-monopoly law, and then puts forward some suggestions to the implementation and improvement of China's "anti-monopoly law".The article mainly consists of four parts. The first part is the basic theory of game analysis of anti-monopoly law. The author explains the concepts of game theory to explore the possibility of game analysis of anti-monopoly law to the premise of hypothesis of "rational economic man" in economic analysis, and then puts forward four elements in theoretical framework of game analysis of anti-monopoly law:the game participants, strategy space, the game process and revenue.The second part is the game analysis to the legislation process of China's anti-monopoly law. In this part, first of all, the author briefly describes the hard legislation process of China's anti-monopoly law, and points out the reason for the hardships of legislation of China's "anti-monopoly law" by the visual angle of game theory. Later, the author conducts the game analysis on the whole legislation process of China's anti-monopoly law by the introduction of institutional change theory.At last, the author points that the formulation process of China's "anti-monopoly law" is also the process of a game and pursuit of Nash equilibrium among different stakeholders.The third part is the analysis on game models of anti-monopoly law. In this section, the author constructs the game model of interests of China's anti-monopoly law from the concept of non-cooperative game and the typical cases (Prisoner's Dilemma). Through the analysis on game model, the author obtains the Nash equilibrium of the game of interests of China's anti-monopoly law, and then puts forward that a Nash equilibrium of legislation and enforcement of China's anti-monopoly law requires three conditions: First, the formulation of anti-monopoly law is effective and good; Second, the good law is well enforced; Third, the rent-seeking behavior must be exterminated.The fourth part is the enlightenment of game analysis to the implement and improvement of China's anti-monopoly law. On the basis of game analysis in the third part, the author points out the major shortcomings in China's anti-monopoly law:first, the relationship between anti-monopoly law and trade regulation is unclear; Second, the formulation of the responsibility of anti-monopoly law is too light; Third, a unified, independent, authoritative enforcement agency of anti-monopoly law is lacked. For the shortcomings above, the author proposes that in order to reach a Nash equilibrium of game of China's anti-monopoly law, the government must straighten out the relationship between anti-monopoly law and trade regulation, and establish a scientific and reasonable accountability system of anti-monopoly law and a unified, independent, authoritative enforcement agency of anti-monopoly law. Moreover, the supporting implementation details of anti-monopoly law must be formulated as soon as possible, and the implementation of anti-monopoly law should grasp the scale. Meanwhile, the rent-seeking behavior must be exterminated.