The Local Government Review Of The Anti-competitive Behavior - Legal Model And Review Bodies

As we know regulation of private anti-competitive conduct is traditional antitrust policy's main task, the same with private conduct, Government's anti-competitive conduct could also cause violate of citizen's economic freedom and cause detriment to market competition, but there isn't molding regulation system for Government's anti-competitive yet, European Union and the United States are the few nations(region) with relatively mature regulated mechanism, so this thesis take EU and United States' regulation system as the research object at first, exploring the evolution process of those system and the characteristics of local anti-competitive conduct, then make cleat that witch kind of review system and review bodies should our country take. There're about two category of characteristics with local anti-competitive conduct, they might contribute to the realization of local public interest. Review of anti-competitive conduct is a balance-choice process between "protecting local public interest" and "keeping competition uncompromised", As to substantive law, the process figuring economic order by implementing competition concept, and also respecting the constitutional right of local governance, request substantive law provision on protection of competition and legitimation of restriction on competition, and such norms should be Constitutional norms, As to review body, economic constitutional norms require inherently independent, professional, single review authority, consistency of legal practice also need independent, professional, single review authority. For our country both substantive law and review authority haven't been prepared, resulting in several year's babelism of legal system and disordered judicial practice, so we still need to construct economic constitutional norms just like European Union's beyond "anti-monopoly law",also need to establish an independent, professional, single review authority. So theme of this thesis is that "review of local anti-competitive conduct is a balance-choice process between protecting local public interest and keeping competition uncompromised under economic constitution.