Banking Antitrust Competent Bodies

Banking monopoly has gradually become the regulative object of antitrust law from the exemption of the law in the beginning in many countries. The forms of this kind of monopoly are agreement, abusing of a dominant position and concentration like other monopolies. Although some of the banking monopoly is in the exemption area in some countries, generally speaking, almost all the countries have regarded banking monopoly as ordinary monopoly and regulate it due to its serious damage. Because of the features of the monopoly, such as great impact, secret, high risk and professionalism, the requirements of the organization become much higher than that of ordinary organization of regulation, which include higher independency, more professionalism and more authority. And the arrangement of the organization needs more special consideration. There are three types in the world as to the arrangement of the organization under the principles mentioned. One pattern is that the regulation of banking monopoly is only under the antitrust organization, which is exemplified typically in Europe. Another pattern is that the regulation of banking monopoly is under both the antitrust organization and the organization of banking regulation, and the former is more important, which is widely used in the world. The third pattern is that the regulation of banking monopoly is under both the antitrust organization and the organization of banking regulation, and these two kinds of organization are of the same importance, which is exemplified by America. Each of these patterns has different arrangement and relationship between the organizations as well as its advantage and disadvantage. With the development of banking in China, the banking monopoly has become more serious. Although there is the antitrust law in China, there is still some legislation blank in the law as well as some conflicts among the organizations in the real world. So it is urgent to build our own pattern. After the research of the patterns in the world and the reality in China, the writer choose the pattern which is that the regulation of banking monopoly is under both the antitrust organization and the organization of banking regulation, and the former is more important. And then the writer analyze the relationship between the organizations in detail.