Comparative Analysis On American And Japanese Antimonopoly Mechanisms

Monopoly is an extreme relation of market supply and demand that manufacture and marketing is completely dominated by single producer in some trades. Antimonopoly is a mechanism that government legislated a series of standardized and generalized economic laws for reduce monopolize disutility, and established judicial organ and executive authorities for regularly enforce economic laws. In a long term process of practice that some countries established antimonopoly mechanisms, gradually formed criterions include: Structure, Conduct and Performance methods, and enforcement principles include: Per se rule and Rule of reason. The important contents of antimonopoly law include: Prohibit collusion, Prohibit monopoly and Merger control. Different countries antimonopoly agencies are multifarious, but they consist of three main components that Legislative, Judicial and Administrative bodies. Antimonopoly is an important part of market economy, it is irreplaceable as the government's macroeconomic regulation and control tool that maintains the stabilized and orderly operation of the market economy.America and Japan have mature monopolies in market. America is the first country that appears monopoly, and its monopoly is the most mature in the world now. Japanese monopoly is strength, and it is more obvious than other country's. Difference of monopolies during American and Japanese is the cause that their antimonopoly mechanisms have own characteristics in the process of formation and development. Monopoly is natural limited by antimonopoly mechanism because it directly affects the efficiency of the competitive market economy. American and Japanese antimonopoly mechanisms are established in different historical periods, but they can be compared because all antimonopoly mechanisms have experienced the necessary stage of historical development from the formation to the perfect. The development of American and Japanese antimonopoly mechanisms can be divided into three historical stages to be compared, the early stage, the first change, the second change. America and Japan legislated a series of laws and established executive authorities in the early development of the antimonopoly mechanisms, so that their antimonopoly mechanisms are very good development. The difference of American and Japanese antimonopoly mechanisms is the development of American antimonopoly has experienced a long period from the first antimonopoly law is legislated since antimonopoly mechanism is basically sound, but Japanese antimonopoly modeled on the American antimonopoly and be established soon in accordance with the wishes of America in the beginning of the development. From the end of World War II to 1973, United States government began a limited intervention in the economy and antimonopoly mechanism to be strengthened. On the contrary, Japanese government also guided the development of the economy, but it intentional relaxes the restrictions on the monopoly economy. In 1973, the Oil crisis caused by stagflation in the major countries at the same time. America began to take to reduce intervention in the economy and relaxed enforcement of antimonopoly, but Japan will be economic dislocation attributed to the negative impact of the monopoly and strengthened the implementation of the antimonopoly. Today American and Japanese antimonopoly mechanisms have taken place in the convergence of change because of the impact of the economic globalization.Japanese antimonopoly legal system modeled on American legal system to establish, it is that America implants economic laws into Japan for the realization of Japanese economic democratization. But in Japan since the antimonopoly mechanism has been established for localization. American and Japanese antimonopoly laws have been a significant difference after several decades of development. The difference manifested in the Legal framework, Legislative purpose and Scope of application. American antimonopoly legal system consists of a series of laws, but Japan has only one major antimonopoly law. Although the fundamental purpose of the antimonopoly law legislation is through restrictions on the monopoly to maintain the competition of the market economy, American and Japanese legislative intents have subtle differences that Japanese antimonopoly law is more abstract and broad than American. Antimonopoly law as major economic laws possesses universal applicability and its scope of application essentially covers all industries and all economic activities. The difference that American and Japanese antimonopoly laws of the scopes of the applications include: In America states have their own antimonopoly laws, and exemption from antimonopoly laws in the two countries vary greatly in scope. The reasons for these differences causes, in addition to economic factors, the two different cultures should not be overlooked.America and Japan have set up specialized agencies as the core strength of the antimonopoly laws, and they are established as full time bodies for the effective implementations of the antimonopoly law. However, American and Japanese antimonopoly agencies have own features caused by the different national conditions, such futures are reflected in the antimonopoly agencies are set up on the authorities and responsibilities. The biggest difference of American and Japanese antimonopoly agencies is America has the Antitrust Division and Federal Trade Commission but Japan has only Fair Trade Commission as antimonopoly agency. American and Japanese antimonopoly agencies have been given an important mandate, including administrative rules and regulations, market behavior guidance, the implementation of investigation, prosecution and publication of legal advice and so on. Antimonopoly agency has been given great right is contributed to the efficient implementation of the antimonopoly law, but also it is the difficulties on the balance of power and the supervision. America and Japan use different means in the power of the antimonopoly agencies checks and balances.Japanese antimonopoly mechanism is established to copy American, the form and content are also same but the impact is widely divergent for the domestic economy. This difference stems from the difference of two antimonopoly mechanism guiding ideologies, further said it reflects the differences between the two economic thoughts, and it leads to the obvious difference in the performance. Overall assessment of American and Japanese antimonopoly mechanisms is that American antimonopoly mechanism is better than Japanese in the implementation. On the one hand, America has a mature market economic system and the rule of law system. On another hand, America and Japan have different economic developments in the long term practice, and Japan has chosen the competition policy that more suitable to own national conditions. Therefore, it can't briefly comments the implementation of antimonopoly performance be good or bad, and to define the pros and cons of the two competition policies. Truly outstanding economic system should suitable for the economic base and culture, and choose the economic development strategy that suitable to the national conditions is the protection of sustained economic development.At this stage, Administrative monopoly is the main monopoly in Chinese market, and it is different form American and Japanese monopolies. Administrative monopoly rooted in the exclusion market and highly centralized planned economy system in China. Chief and Official Standard power mechanisms are as Reform and opening up to gradually formed monopoly power, and it made very complex monopoly in Chinese market. The monopoly has gradually become prominent economic problems in the development of Reform and opening up after nearly 30 years. Market needed of the legal system to further standardize the market economy to ensure fair and just competition mechanism, and safeguarded the economic and social development of a more healthy and orderly manner. According to American and Japanese antimonopoly mechanisms, Chinese antimonopoly mechanism should be developed in the following areas to be strengthened. Firstly, complete legal system, establish a legal authority. Secondly, break the administrative monopoly of power of checks and balances. Thirdly, establish a uniform and authority law enforcement agency. Chinese antimonopoly mechanism is still in the initial startup stage, so that the learning advanced experience of foreign countries is indispensable. While take into account the actual situation to establish system in China, and maintain a fair and impartial competition mechanism to ensure the orderly development of the market economy.