Research Of The Problems About Subject Of Antitrust Administrative Enforcement

The subjects of anti-monopoly administrative enforcement are executive authorities and organizations authorized by law or commission, perform the administrative power with statutory powers and procedures according to the antitrust laws and regulations,it is in the core position in implementation of anti-monopoly law, its setting should meet the requirements with independence, professionalism, authority, the broad scope of powers, coordination.The major countries or regions, such as the United States, Japan, the European Community, Germany, Russia, though legislated about the subjects of anti-monopoly administrative enforcement, but have a different set. In the organization of institutional issues, the subjects of anti-monopoly administrative enforcement of every country or region will be different in the form of organization, administrative level, the branch set, the departments set, etc. are all different, but all reflect their authority, professionalism and independence, the personnel set also reflect their professionalism. In the power issues, some countries or regions with "the Committee" type of organization, have wide scope of powers with executive power, quasi-legislative and quasi-judicial power, it can fully display authority of the subjects of anti-monopoly administrative enforcement. In the coordination between the main subjects of anti-monopoly administrative enforcement, the European Community establish an information sharing mechanism, the United States established coordination mechanisms for jurisdiction confliction, such as notice system, consultation system, regular meeting system and so on. In the issues of regulation of monopoly to special industry, some countries have given the jurisdiction to subjects of anti-monopoly administrative enforcement while others set up industry-specific regulators, special industry regulators and subjects of anti-monopoly administrative enforcement regulate the monopoly of special industry respectively or jointly where they form good cooperation mechanism.China’s "anti-monopoly law", which set the State Anti-Monopoly Committee and the State Department of anti-monopoly as enforcement agencies, special industry regulators and subjects of anti-monopoly administrative enforcement regulate monopoly of specific industry jointly. This model has many imperfections. From the current administrative system, China should learn from the European Community and the United States to establish information-sharing mechanisms between the subjects of anti-monopoly administrative enforcement and the coordination mechanism for jurisdiction confliction, special industry regulators and subjects of anti-monopoly administrative enforcement should form a mutual cooperation and control mechanism when regulating monopoly of specific industry jointly. From the point of establishing an authoritative, independent and specialized subjects of anti-monopoly administrative enforcement and the requirements of international enforcement cooperation, The State Anti-Monopoly Committee should be given executive power, quasi-legislative and quasi-judicial power, and keep independence, professionalism, authority through the organization of institutional set, the power set and the personnel set.