The Comparative Analysis For Application Of Antimonopoly Law In Both China And European Union According To The Liberalization Of European Union Post Service Market

Abstract:The application of antimonopoly law includes three aspects:subject, object and the applicable procedure. There is typicalness in the application of European Union competition law in liberalization of European Union’s post market. As the litigation original source, it could supply the ways to solve the problems which appeared in the application process of Chinese antimonopoly law.The main problem of the applicable targets is the unreasonableness of the derogation arrangement in Chinese antitrust law, especially the outsize exception for the traditional natural monopoly industries, which could be solved by defining key concepts according to the experiences of EU. For the subject, its main muddle is the law enforcement system with separation of powers which is short of right arrangement and independence results in the insufficient of extraterritorial coordination. Additionally, the dilemma of private enforcement of antitrust law impedes it to offset the defects of the public enforcement. In order to resolve this problem, the independent and integrated enforcement institution should be established. The main obstacles in specific rules applied practically are the oversize for the definition in relevant markets and deficiency of consideration for consumer welfares. These could be settled by setting up a transparent and impartial cost accounting mechanism and more education and research for antitrust law with public participation. Not only the guarantee for competition but also the protection of the consumer welfares which is the legislative goal should be emphasized.