The Study On The Dormancy Of Antitrust Law

The dormancy of antimonopoly law refers to that at the early stage of the implementation of this law, it was put aside by the relevant administrations and as a result, it failed to play its natural role in regulating the market economic activities, and its law-enforcement effect was as bad as a mere scrap of paper. This phenomenon occurred to other countries too, when the law was put into effect at the very beginning, and among these countries, the USA, Japan and the UK are very typical examples. By investigating the implementation situation of the USA, Japan, and the UK, we are able to conclude such four reasons for the phenomenon:firstly, there are legislative defects in the early implementation of the law; secondly, the setting up of the law enforcement agencies are not perfect; thirdly, the industrial policies compressed the enforcement space of the law and fourthly, there was a lack of the competition culture. Aiming to make the law work, the three countries above took many measures such as gradually improving the law, perfecting the setting up of the law, changing the government attitude to support the enforcement of the law and cultivate competitive culture.China has implemented the antimonopoly law for five years and it is also in the phrase of dormancy. Considering this, China could take the following measures to narrow down the dormancy period by learning from the successful experience of other countries:to make specific implementation rules, to change the multihead model of the law-enforcement bodies, to put emphasis on cultivating competitive culture and to set up an excellent antimonopoly law enforcement team.