A Comparative Study On The Related Issues Of The Implementation Mechanism Of Chinese And Foreign Anti - Monopoly Law

"Legislation alone is insufficient". Implementation of law is inseparable from a sound comprehensive enforcement mechanism. A perfect antitrust enforcement mechanism is a bridge that joins "isness" and "oughtness" of antitrust law. The complexity and difficulty of antitrust work have put forward special requirements for antitrust enforcing mechanism. Soundness or not of the enforcement mechanism not only directly has an effect on the effectiveness of the law enforcement, but the achievements of aims of antitrust enforcement.This thesis was divided into three chapters, giving an introduction on antitrust enforcement mechanisms between China and oversees (especially giving details for EU and the United States) and making a brief comparison and analysis. The first chapter introduced the basic theory of antitrust law, and briefly presented the basic concepts, such as monopoly and antitrust law, between Chinese and foreign theorists, scope of application of antitrust laws and necessity to exist for enforcement mechanism, preliminarily summarizing the common characteristics of antitrust enforcement mechanism among the major countries in the worldwide; the second chapter introduced the antitrust legislative process and recent development of EU and the United States, elaborating the antitrust law enforcement mechanism, including law enforcement agencies, law enforcement procedures and advisory systems, giving an expression of different characteristics in the enforcement mechanism between different countries; the third chapter discussed China’s legislation and the characteristics of antitrust enforcement mechanism, and analyzed the main problems existed thereof, offering some principle measures and constructive advice for perfecting our antitrust enforcement mechanism, with a hope of some help for the reform of our antitrust enforcement mechanism and implementation of antitrust enforcement work.