An Analysis On The Institutional Obstacles Of Enforcement Of China’s Anti-monopoly Law

Anti-monopoly law is a branch of economic law which is supposed to adjust every competition links of our national economy and anti-monopoly law must be subjected to basic economy rule according to its basic attributes of economic law. There are obvious internal advantages when analyzing anti-monopoly law from economics point of view. Economics supports anti-monopoly law with relevant theories and every progress made in economics all facilitates the progress and perfection of anti-monopoly law. In addition, rational constructers of anti-monopoly law include competition policy and industrial policy which can boost the maintenance of order of free market economy and achieve the Pareto Optimality in public benefits. What’s more, the principles of laws that politics dominate laws determine the fact that our enforcement of anti-monopoly law depends on our administrative system. However, China is still at economic transition periods and nowadays government is prone to use planned economy methods. The excessive expansion of governmental economic function decreases the room for free development of market entities. The realization of democratic constitutionalism is conducive to efficient enforcement of anti-monopoly law. Restrictions of competition are the internal by-product of market economy and should be regulated by anti-monopoly law. Whereas the market power produced in our economic system has a lot of non-economy impurities. State-owned enterprises have natural advantages in capitals, regimes, technologies and human resources which impairs the fair competition between state-owned enterprises and non-state-owned enterprises. Consequently, introducing competition system into state-owned economy, treating all entities equally in market accesses, operations and market exits, leading state-owned enterprises to quit profitable fields gradually and strengthening their social responsibilities do well to purifying the competition environment of our market economy and reducing pressure for enforcement of anti-monopoly law. The concrete enforcement of anti-monopoly law depends on constructing a efficient, independent, authoritative and unified law enforcement agency. Besides, private enforcements of anti-monopoly law not only efficiently prevent, deter and punish behaviors of restrictions of competition, but also give the infringed a right relief channel. Finally, the efficient enforcement of anti-monopoly law also depends on adjustment between competition policy and industrial policy and rational economic law responsibilities.