On Chinese Anti-monopoly Law Regulation Of The Administrative Guidance Cartel

With administrative guidance which has flexibleadministrative flexibility characteristics means widely used inthe social life, administrative guidance cartel as a newantitrust problems in front of the national antitrust field.View from our current "anti-monopoly law", although itexclude administrative monopoly regulation restrictscompetition, this formality is not mandatory. In fact, with thefact that the force of administrative guidance triggered carteldid not make a specific, clearly defined. The administrativeguidance cartel is not completely equivalent to administrativemonopoly and also is not exactly the same as the economic monopoly.In another word administrative guidance cartel is a new monopolyboth has administrative and economic double property.Administrative guidance has flexible, non-mandatory featureswhich make the administrative guidance cartel has a lot of hiddenfeatures and it is difficult for us to find the administrativeguidance cartel. In addition to administrative guidance relates to all aspects of social life, and the performance of a varietyof forms of administrative guidance cartel, which not onlyproduce great harm to consumers, competitors in the market, butalso is not conducive to the formation of a healthy and orderlymarket economic order, it is not conducive to the developmentof the socialist market economy. Regulation of theadministrative guidance cartel effectively, we need to learn theadvanced experience of other countries, at the same time,combined with the specific national conditions of administrativeguidance cartel in China. If we want to regulate administrativeguidance cartel effectively we should take the followingspecific measures: on the one hand, to make clearly what is thelegal basis of regulating the administrative guidance cartel;on the other hand, to improve the litigation mechanism ofregulating the administrative guidance cartel.This study is intended to achieve the following objectives:Antitrust Regulation by the cartel of administrative guidancein theory, the content can be further enriched and improve thegeneral theory of the antitrust laws. Past research has focusedon antitrust abstraction and generalization of the system of economic monopoly and administrative monopoly hot, thisadministrative guidance cartel rarely involved. Not only on theconcept of administrative guidance cartel, causes andcharacteristics of the administrative guidance cartel but alsoon the administrative guidance cartel related concepts werecompared to examine the domestic and international research onthis phenomenon. This analysis and investigation can lead to anew way of thinking and explore, point out that the currentanti-monopoly a new perspective, to make up for the lack ofcurrent antitrust theory. Practical value in our country, thereis no direct legal basis for administrative guidance, itscompliance depends on the consent of the other party, in additionto administrative guidance in our country does not belong to thescope of the case of the administrative proceedings. So, in manycases, we are unable to pursue the administrative sideresponsibilities. For example, in the case of depression, theindustry entered into a cartel to control the market price, isclearly contrary to fair trade, but if some monopoly agreemententered into under the name of the relevant governmentadministrative guidance, companies can avoid liability. In the real life, administrative intervention and enterprises behaviordue to the administrative guidance cartel has two factors,frequent between the joint enterprise facilitated byadministrative guidance and control market behavior; suchconduct resulted in reduced competition on the market, the pricerise, quality. It is difficult to get the healthy developmentof the socialist market economy in such a competitive environment,and it is difficult to maintain the order of the socialist marketeconomy effectively. Therefore, it has a practical significanceto study the antitrust regulation of the administrative guidancecartel.