Anti - Monopoly Law Regulation Of Collusion

Bidding system was introduced into China in the last century of1980’s; it had provided an efficient way to trade for our country’s public procurement, large construction projects and projects, and many other fields. The collusion bidding behavior had fundamentally changed the nature of the bidding system, On the micro, It not only damaged the collusion party outside of the tender and the bidder’s real interests, damaged its optimization of investment returns; On the macro, it also damaged to the market competition mechanism of survival of the fittest. This violation of the competition order is the contestation of benefits triggered by the optimal allocation of resources, there is no doubt that will harm the public interests of consumers eventually.Due to the severely restrict competition of the collusive bidding behavior, it should be included in the antitrust regulations. But, from regulation law, the civil law, anti-unfair competition law and criminal law and other laws, the regulation of behavior had long been prescribed, and the provisions of the antitrust laws didn’t entirely consistent the above-mentioned. This would lead to the collusive bidding legal regulation system uncoordinated; From the antitrust law itself, the present legislation of our country, the legislative model of thick line and the light duty regulations would lead the regulation effect of antitrust law greatly reduced. Specific to the present, the focus of controversy of scholars focused on regulatory issues of principle is not clear, waiver implementation issues, as well as the sanctions issue. Not harsh three questions.The writing of this paper is based on theory of the collusion bidding antitrust law regulation, analyzes the above problems As a point combined with the practice and experience outside the country, the author explored construction of relevant system of the collusive bidding antitrust regulation, and put forward the future antitrust law regulation colluding bidding problem related to perfect suggestion. The first is to strengthen coordination between antitrust law and other regulation colluding bidding law, the law regulation system integration; Second and improve the relevant systems of the antitrust law regulate colluding bidding behavior, one is the explicit antitrust law regulation principle, the second is the guarantee antitrust waiver fully implemented,the third is to strengthen the antitrust law responsibility of sanctions,make the antitrust law can play a role of the regulation is more powerful.