The Foundation Of Chinese Anti-monopoly Law Enforcement Agencies

Since the nineties of last century, China’s administrative monopoly and economicmonopoly made a lot of serious damage to the healthy and orderly development of themarket economy. August2008, China’s " anti-monopoly law " enacted, which hasimplemented more than five years,"anti-monopoly" has been integrated into our socialand economic life. The first years of antitrust regulators in the implementation of the Actas a little action. One of the earliest cases of antitrust enforcement is on the NationalDevelopment and Reform Commission in November2011to two pharmaceuticalcompanies in Shandong of China’s first issue of antitrust fines, as of the end of2012andthis is the only one out of antitrust ticket.As we all know, only by " anti-monopoly law " can not create a fair, free and openeconomic environment, we must rely on the anti-monopoly law enforcement agencies.For our country, the anti-monopoly legislation and law enforcement started late, hisexperience is not rich compared to Western countries, not only China’s " anti-monopolylaw " itself needs improvement, there are many places, and the implementation of "anti-monopoly law," the institutions in the set are not reasonable, law enforcementagencies and by the anti-Monopoly Committee composed of two anti-monopoly lawenforcement agencies, law enforcement agencies, specifically the Ministry ofCommerce, industry and commerce administrative departments and the NationalDevelopment and Reform Commission three components. These law enforcementagencies overlapping functions, powers more dispersed, the problem of law enforcementis not strong, you can not effectively regulate restrict monopolistic behavior. Howeffective competition is also configured AMEA antitrust problems to be solved inpractice, the practice will inevitably lead to the absence of anomie legislative jurisdictiondispersed, overlapping regulation will lead to fatigue, inefficient, is not conducive to themaintenance of monopoly industries not conducive to " anti-monopoly law," thein-depth implementation. To solve the above problem, the author conceived this article, the experiences of developed countries, based on the tide of the World Anti-monopolylaw enforcement agencies set up, hoping to strengthen the functions of theAnti-Monopoly Committee, the executive body co-ordination mechanism to optimizeand improve the implementation of agency personnel professional, improving theeffectiveness of anti-monopoly law enforcement.In addition to preface this article three chapters around shared topics were discussed,the main content of each part briefly described as follows:The preface introduces the background of this paper, the literature review andresearch methods of this study.The first chapter focuses on the history of China’s anti-monopoly law enforcementagencies to produce, there is the status quo, and the inadequacy of the existinganti-monopoly law enforcement agencies in the set exists.The second chapter of the typical three countries antitrust enforcement agencies setpattern classification analysis, which summarized the anti-monopoly law enforcementmodel developed to find some inspiration to improve our performance in theanti-monopoly law enforcement agencies.The third chapter of how to improve our anti-monopoly law enforcement agenciesand the power configuration in depth, combined with relevant literature and theoriesexpounded the principles and ideas AMEAsettings.