Research On The Regulation Of Banking Antitrust Law

Since the beginning of reform and opening up, China has introduced a market economy system. The fair competition mechanism constitutes the basis of efficient, durable and stable operation of the market economy. However, China’s banking industry is in a long-term monopoly status, which destroys the competition law for the healthy operation of the market economy. According to the2012news reports, at present China’s banking has more profits than the tobacco industry, and National Development and Reform Commission will launch a thorough overhaul of China’s banking sectors to correct banking unauthorized charges in general and combat monopolies in banking. Obviously, as an important component of China’s financial industry, banking monopoly has been widely questioned. This thesis is focused on monopoly of China’s banking industry, with an in-depth study of some basic theories of bank monopolies and foreign legislation, analyses of the deficiencies in China’s system of banking monopoly behaviors, and suggestions for improving the anti-monopoly law of China banking industry.Part I concentrates on the basic theory of banking monopoly. Starting with the concept of monopoly, the particularities and connotations of banking monopoly are demonstrated. The theoretical basis of the banking monopoly is also analyzed with a discussion of the necessity of anti-monopoly from interests of banking consumers and banks with varied sizes, and the social responsibility of the banking industry.Part II covers some cases of foreign antitrust laws. Legal regulations as well as banking institutions for anti-monopolization in the United States, the European Union and Japan are described.Part III is about the current monopoly condition and existing problems of China’s banking industry. From the perspective of social reality, the banking behaviors of China’s monopoly are analyzed and a large number of practical cases are studied. In addition, some of the general issues involved in the anti-monopoly of banking are mentioned, and deficiencies of legislation, law enforcement and administration of justice in the system of anti-monopoly of China banking industry are pointed out.Part IV is focused on the proposal of improving anti-monopoly laws of China banking industry. Based on the deficiencies of legislation, law enforcement and judicature in the system of anti-monopoly in China banking industry, suggestions on how to improve the anti-monopoly law system of China banking industry are raised in ten aspects, including specification of banking antitrust laws, recognition of banking monopoly behaviors, exemption of certain monopoly behaviors, relationships between anti-monopoly law enforcement agencies and the CBRC, law enforcement of anti-monopoly in finance, regulations and administration of banking industry, antitrust censorship of mergence and acquisition by foreign banks, antitrust litigation system, and burden of proof in civil litigation.