Antitrust Laws And The Relationship Of The Price Law And The Harmonization Of Legislation Discussed

Since it was promulgated in 1997, accord with the demand for economic development of the market generally, the Law on Price has made important contribution to the price reform of our country. However, with the promotion of the reform and constant perfection of the socialist market economy system, and the quickening of the paces opening-up to the outside world after the accession to the WTO, especially the legislative development of antimonopoly law, the law on price certainly will be adjusted, the mode of price control formed in the era of planned economy should be abandoned.This dissertation is divided into five chapters. The first chapter sets about from the relation between market economy and antimonopoly law as well as the law on price. It is argued that antimonopoly law aims at protection of competition mechanism of the market, whereas the task of price law includes in government's macro regulation of market price, controlling price in non-competing field and intervening market price directly in some special period.Chapter two enumerates the existing problems of the Law on Price. Its main problems are the following three: The policy goal is unclear and the defining of the legislative objectives is unreasonable; the contents of the law are not perfect; and the mechanism of enforcing the law is ineffective. The reasons for these problems are thoroughly analyzed, which are the basis for discussing how to amend the Law on Price.The third Chapter uses experience of legislation and enforcement of law on price in continental nations such as Germany, Southern Korea and Japan for reference. In era that the government intervened market economy becoming the mainstream of the world, antimonopoly law and price control legislation shall be regarded as important equally, it is of important to learn from the foreign country's experience.In the fourth Chapter, the author analyzes various elements which could affect the relation between the law on price and antimonopoly, orientation of law on price andits legislative aim, principles of rational division of the two pieces of legislation.Chapter five puts forward some concrete suggestions on reconstructing the relationship between antimonopoly law and the law on price. When drafting the antimonopoly law, we shall change the present situation of dispersed price monopoly legislation; and incorporate the price monopoly behavior into antimonopoly law. The Law on Price shall concentrate on government's supervision and regulation on macro price level, government issued price and government guided price, and administrative penalties should be imposed on some illegal price behaviors such as price deceiving, excessive pricing, etc. On the establishment of the law enforcement agency, authority of the antimonopoly law enforcement agency should be maintained, and its relation with the price law enforcement should be well coordinated.