Anti-monopoly Legal Regulation Of Professional Basketball League In China

Our country "anti-monopoly law" effect from August 1, 2008, after eight years of practice, exposed some problems gradually. It is noteworthy that with the development of sports industry in our country, the rise of professional sports and professional sports fields appear the phenomenon of monopoly and the administrative monopoly has become a stumbling block to the further development of professional sports in our country, especially in China's professional basketball league, administrative monopoly has limited the effective competition between sports league clubs, but because the national conditions of the sports industry, there are so many difficulties that the anti-monopoly law applies to China's professional basketball league directly.The professional sports has a huge impact in the world, more and more people join it.Especially in our country, with the professionalization reform of football and basketball, the sports industry has become an important part of national economy. Professional basketball league is the product of the marketization, presents different characteristics in different countries, also inevitable existence of monopoly. Line monopoly in China's professional basketball league, mainly characterized by club access control, limiting the athletes' specific salary, limit the free flow of athletes, to control the business aspects of the club. Due to the background of China's sports competition, the monopoly has a strong administrative properties, such behavior belongs to the administrative monopoly, caused serious adverse effect on the league.As is known to all, the United States has successful experience to use the anti-monopoly regulation the professional sports by using the principle of "rational analysis" and "critical infrastructure" theory to detailed analysis of all kinds of monopoly, in order to realize the regulation of monopoly. Our country "anti-monopoly law" in regulation professional sports is not yet mature, draw lessons from the successful experience of the United States can play a role of the norms of the market better, to protect the operator the legitimate rights and the interests of consumers. Professional basketball league in China should apply theanti-monopoly law, and considering the particularity of the professional sports, should be established with the anti-monopoly exemption system that can meet the needs of professional sports in China, the basic system of the league should be exempt, such as access system,salary cap system, etc. In addition to private execution system, we must further improve our country anti-monopoly law to better protect the interests of consumers.