The Identification Of Cooperative Behavior In Chinese Anti-monopoly Law

There is ‘Cooperative behavior’ in the anti-monopoly law of our country, but the relevant provisions of the implementation are a bit weak. The article generalizes the current situation of cooperative behavior, and summarizes the issues. It argues that the legislation of the cooperative behavior is imperfect, the collaborative consensus is difficult to prove, and the operators defend with reasonable grounds. To solve these problems, the article searches for relevant experience of other countries, such as the United States, Europe and Russia all of whom have the well-developed anti-monopoly laws in practice. This article argues that China should refine the relevant requirements for cooperation behavior and improve the related Responsibility in civil, administrative and even criminal cases. It also argues that China must improve the administrative enforcement permissions of antitrust law enforcement agencies. In order to improve enforcement, China must observe the similar behaviors, investigate the assisted behavior, use a variety of indirect evidence properly, and combine this with the burden of proof inversion and presumption system to prove the existence of cooperation behavior.