Comparison Of Legal Regulation On The Administrative Restriction Of Competition Between China And America

American antitrust law has implemented more than100years, and it is called"the Magna Carta of free enterprise". During this period, a number of effectiveregulations of the monopoly have been established, of course, the administrativerestriction of competition as a monopoly has been regulated effectively. Americanlaw establish the system of effective regulations of the administrative restriction ofcompetition in the physical and process. In the physical, on the one hand, theUnited States regulates local protectionism by the Commerce Cla use ofConstitution. On the other hand, the U.S. Supreme Cou rt established the stateaction doctrine by decisions, and further develop two standards of the applicablestate action immunity, the action which conforms to the standards will immunefrom antitrust law, which not conform to the standards will be regulated by antitrustlaw. That is to say, it regulates the administrative restriction of competition throughthis way that combine state action immunity and antitrust law. In the process, theUnited States set two enforcement institutions: the Antitrust Division of theDepartment of Justice and the Federal Trade Commission, the Antitrust Division ofthe Department of Justice has right to suit to court and the Federal TradeCommission has right to take an administrative decision or suit to court. Meanwhile,the United States establish the system that private enforce the antitrust law, whichis important as the system of public institutions enforcement, so private citizens cansue to the court directly. The United States has formed a unique approach toeffectively regulate administrative restriction of competition. The anti-monopolylaw in China has many imperfections to the administrative restriction ofcompetition, particularly in procedures. The anti-monopoly law in China regulatesadministrative restriction of competition in only a provision in procedure. Inpractice, administrative restriction of competition has a high frequency ofappearance and lead to many corruption cases. We need to come up with effectivemeasures to curb administrative restriction of competition urgently. In this context,we will focus on how the United States regulate the administrative restriction ofcompetition, then compare to the regulation of the administrative restriction ofcompetition in China, finally we will find the effective measures to regulate theadministrative restriction of competition through analyzing the basic situation in China in order to improve the anti-monopoly law and change the situation oframpant administrative restriction of competition in practice.