Research On Legal Regulation Of Collusion Bidding Behavior

Collusion bidding behavior refers to the conduct of bids by operators through unfair methods to achieve the purpose of winning bids.Collusion bidding has fundamentally changed the nature of the bidding system,not only undermining the actual interests of bidders and bidders other than collusion,which makes less returns to the investment,but also creating a vicious competition for free market economy.Collusion bidding behavior has caused social resources unfair deployed,as well as the interests of consumers seriously damaged.As collusion bidding has severely limited market competition,it should be regulated by the Anti-Monopoly Law.However,in early China,the behavior of collusion bidding was defined as unfair competition,which was regulated by the Law of the Against Unfair Competition promulgated in 1993.This led to the emergence of a legal regulation of collusive bidding in judicial practice.On January 1,2018,in the newly revised Against Unfair Competition Law,it removed the relevant provisions on collusion bidding,which means that our country should re-determine the nature of the collusion bidding in judicial practice.However,as Anti-Monopoly Law's legislation is general,and its responsibilities are not clear enough,there are certain obstacles in the regulation of collusion through the Anti-Monopoly Law,the problems are mainly focused on the principle of regulation.The implementation of the leniency system is not sufficient,and the sanctions are not strict.This article takes this as an opportunity to explore the regulatory system of the Anti-Monopoly Law,which is based on the theory of regulating the Anti-Monopoly Law and the relevant experience of overseas collusion and bidding regulations.Through the Anti-Monopoly Law,the proposal for the perfection of collusion bidding is improved.