Research On The Administrative Monopoly Regulation Of Chinese Football Association

The antitrust on the industry association has a long history but special industry has it's own situation,such as Chinese Football Association where the administrative monopoly has always been dominant.By virtue of the devolution towards government administrative duty as well as the empowerment of laws and regulations,it's dominantly powerful in football field.Many items in Chinese Football Association Rules are extremely unfair which violate the interest of the club and members.It's Chinese Football Association that leads to such many antitrust problems and impedes its own development.The administrative monopoly is caused by many reasons.Only to seek out the real reason can we find the respectively corresponding tactics.The classification of the administrative monopoly needs embrace the administrative law to be divided into both abstract and concrete ones,which is a kind of creative assortment and lays the theoretical foundation to the specific representation of the administrative monopoly in CFA.What distinguishes the economic monopoly is the difficult point to regulate CFA and also highlights the specificity of its monopoly.Administrative monopoly has great harm,it is considered the fatal virus to damage ecological chain of competition and needs to be cleared out immediately.The administrative monopoly is formed with the obvious government imprint and is the main cause of the abstract administrative monopoly in CFA.Such behavior is mainly reflected in normative legal documents of restricting-competition enacted by government and empowerment organizations.Article 37 in Antitrust Law has clearly claimed that the drawback of abstract administrative monopoly in CFA stems from Sports Law and Chinese Football Association Regulation.Through the analysis of combining Article 32-36 in Antitrust Law and the specific cases,the conclusion is drawn that the abstract administrative monopoly jeopardize more.Therefore,relevant laws and regulations are exigent to be improved and relief measures made.The successful experience of administrative monopoly regulation of industry association of other countries is worthy of our attention.In terms of abstract administrative monopoly regulation,Korea has set a good example for China by advocating competition mechanism and establishing competitive examination and evaluation system.While in the aspect of concrete administrative monopoly regulation,the European Union's experience can be taken as reference,in which the competition law is taken as the "constitution",all the administrations obeying the law and the law being the superior authority.As long as the government and its authorized organizations violate the competition law and turn to administrative monopoly,and as long as they are engaged in economic activities,they must be regulated by the competition law.The specific case of administration monopoly of sports association or organization shows some similarity with that of Chinese Football Association,from which some experiences are summoned to help the reform of Chinese Football Association.The current plight of the administrative monopolistic regulation is caused by many reasons:the insufficiency and shortcoming in the legislation of antitrust;the forceless regulation of the Antitrust Law carried out on the administrative monopoly;the unreasonable setup of antitrust enforcement organizations;the mess of the inner management caused by the undemocratic power endowment from CFA;the imperfect judicial scrutiny towards CFA generates too little outer supervision and the ways to relieve the administrative monopoly are obsolete.The targeted measures and feasible proposals must be problem-oriented.The regulation on the abstract administrative monopoly requires to establish a competitive mechanism,which conducts a pre-scrutiny for the potential administrative monopoly laws and post-assessment.The regulation on concrete administrative monopoly is involved in economic monopoly.Therefore,we should take more measures from the point of economy and deepen the reform of institutional mechanism to develop the separation between the government and CFA.The identity of CFA needs to be transformed and the real financial independence,under the circumstance of market economy,the football is an industry and what it needs is the support from the market not the excessive administrative interference from the government and CFA.Because only when the market and law are fully respected,can CFA be given a bright future.