Monopoly Of Anti-monopoly Law Regulation Of The High Price In China

The main manifestations of unfair high price in China include natural monopoly price, administrative monopoly price and marketing monopoly price. In the market-oriented economy, cases, such as selling goods and providing services at monopolistic price, happen from time to time, which damages the interests of the customers. However, in China, the regulations on monopolistic high price can be only found in Article 17 of the Anti-monopoly Law and Article 11 of the Anti-price-fixing Provisions, which can be clarified as principle stipulations but lack of practical possibility, leaving the following problems to be solved such as how to identify unfairness, the high cost of law enforcement but low efficiency, and the imbalance of protection of rights and interests. The imperfection of China’s regulations on monopolistic high price, the difficulties to enforce the law and insufficient protection of the rights and interests are to blame. Compared with China, Europe and America have more mature anti-monopoly systems. In America, cautious attitudes towards regulations are taken, and EU clearly stipulates regulations on monoplistic high price in legistration and settle the way to judge monoplistic high price in the practice. Moreover, the mature pattern of enforcement of law in Europe and America, the high-rate of depoly of professionals in law enforcement team, and the setting of hearing examiner are worth learning. To perfect its regulations on monoplistic high price, China must combine legislative path with law enforcement path based on the mature experience from abroad, comprehensively apply the affirming method of monoplistic high price, set up database about anti-monoply, introduce and perfect anti-monoply hearing system and the affirmation of monoplistic high price. What’s more, China needs to establish professional anti-monoply enforcement institutions, harmonize the functions between law enforcement institutions and regulators so as to improve law enforcement mechanisms. Last but not least, China should perfect customers’ benefit protection mechanism to oppose monoly and broaden customers’ protection paths to fight against anti-monoply.