Research On The Anti-monopoly Law On Consumer Protection

With the cut-throat competition in the world market and the rapid growthdevelopment in the world economy, the phenomenon that operators destroy therules of market competition, hurt customers’ rights and the public interest isbecoming worse and worse.。Now, monopoly is the pain of China’s customers, from which the customerssuffer. The rights of the customers will be heavily hurt or even lost as long as themonopoly exists. It is not enough to rely only on the Consumer Rights ProtectionLaw to protect their rights. The law can not fundamentally change customers’disadvantaged position. Therefore, China Anti-Monopoly Law receives more andmore expectations, with the mass voice of "Anti-monopoly to the end and protectcustomers’ rights ". The customers are becoming realized that The ChinaAnti-Monopoly Law is necessary and vital for them to protect their rights.As a new law, China Anti-Monopoly Law has some dissatisfied aspects. Wehope the customers rights will be protected at both real and procedure levels fromdrawing experience of the U.S.A and Japan. This paper is trying to make the rulesand regulations of China Anti-Monopoly Law complete and put forward some usefulopinions, hoping the pratical implementation of the law.This paper includes the following seven parts:The first part describes the development of anti-monopoly law worldwide, andmakes comparative analysis within the country. And thus point out theimplementations in all levels of the anti-monopoly law.。The second part discusses the protection of the customer rights at home andabroad. Drawing the experience from abroad and combined the China’s owncondition, it protect the position of the customers in China, which reflects themaximization of the customer rights.The third part illustrates the contents and character of the anti-monopoly law protecting customer rights. The anti-monopoly law is not the same as the special lawregarding protecting the customer rights, it mainly protects the rights of autonomouschoice, rights of fair dealing.It is has the advantage that the special laws do nothave.The fourth part discusses the legislative purpose of establishing the ChinaAnti-Monopoly Law. Promote the efficient and fair competition environment andprotect customer rights by upholding the free market competition.The fifth part discusses the implementing system of the anti-monopoly law toprotect he customer rights from lawsuit system and law enforcement agency. Thispart also makes analysis of the two kinds of the law enforcement agency, whichenlightens the agency within the country.The sixth part points out the shortages of the China Anti-monopoly Law fromthe perspective of operator concentration, supervisory rights, disclosure of results,civil liability, administrative liability, criminal responsibility and lawsuits.The last part discusses the completion of the rules and regulations of the ChinaAnti-Monopoly Law to protect customer rights. It is from the aspects of utilizing thesupporting position of the market, improving the cost of not complying with the law,making clear of the rights division，enhancing the function of customer associationand completing the lawsuits of the anti-monopoly law.