Legislative Comparison On The Administrative Restriction Of Competition Between China And The UK

Administrative Restriction of Competition,the issue urgently needed to be solvedfor the next reform about Chinese economy and politics,is specially stipulated inChinese “Anti-monopoly Law”,which puts the issue on the level of systematicregulations,and therefore making executive rules is also on the agenda.As an oldpowerful capitalist country,the UK has profound history and unique feature of thelegislation on the Administrative Restriction of Competition.With more and morecooperations on economy and politics between the two countries,it has importanttheoretical and practical significance to make legislative comparisons on theAdministrative Restriction of Competition between China and the UK.The UK is atipically common law country and has a long legal history.Through the generalsummary of the British legislation about Administrative Restriction ofCompetition,and the introduction of history about competition legislation and policyin UK,we have known the processes in which British competition legislation changedfrom a defective one to a more comprehensive one,and get a reference for the reformof Chinese competition legislation.The analyses of the concrete rules about BritishAdministrative Restriction of Competition are based on the four aspects of regulationobject,law enforcement agencies,law enforcement procedure and legal liability.Correspondingly,the comparative reseaches on the concrete institutions aboutAdministrative Restriction of Competition between China and the UK are alsoaccording to the four aspects: on the regulation object,the UK pays more attetion onthe combined action between the administrative subject and the economic subject onthe Administrative Restriction of Competition;the UK has built an administrative lawenforcement agency which is independent and powerful,and another judicial lawenforcement agency which have special jurisdiction over competitive actions called“Competition Appeal Turminal”;the enforcement procedure about AdministrativeRestriction of Competition in UK emphasizes to separately deal with theadministrative subject and the economic subject,and the right of suggestion ofcompetitive law enforcement agency to the administrative subject is more meaningfulthan Chinese one,because of the demand of open and transparency;on the legalliability,the British one is more effective than Chinese one,for having the criminalliability,more various administrative liabilities,more severe liability.The advicesabout Chinese legislation on Administrative Restriction of Competition,according to the analyses from the above and the British experience,mainly include paying moreattention on the economic subject in Administrative Restriction ofCompetition,building one independent and powerful anti-monopoly institute and thecompetitive turminal which specially deals with competition cases,setting theprinciples of separate execution and open execution,making a more comprehensiveliability system by adding types and enhancing strength of liability.