Research On The Subject Of Anti-monopoly Law Enforcement

For every market economy country,the promulgation of the Anti-Monopoly Law is a necessary means to protect free competition and unify the order of market economy.Since August 1st.2008,China has implemented the Anti-Monopoly Law for near-ly ten years.The reasonable setting of the subjects of law enforcement is one of the critical factors to make this law fully applicable and effective.Cunrently,the institutions in China who have the power to enforce the Anti-monopoly Law are the Ministry of Cormmerce,the National Development and Reform Commission and the State Administration of Industry and Commerce.The three institutions divide their scopes of jurisdiction according to the Anti-Monopoly Law,the Price Law,the Anti-Unfair Competition Law and other related laws and regulations.However,it leads to numerous problems.Multi-jurisdiction causes many conflicts of the right of jurisdiction in some cases even though China is constantly perfecting the specific detailed rules and regulations of the Anti-Monopoly Law.Nevertheless,the drawbacks that produced by this kind of institution setting pattern have become more and more prominent with the development of economy.Consequently,China should design a new setting pattern of the anti-monopoly law enforcement institutions,which is more suitable for the economic functioning rules and our national conditions.Moreover,a number of problems exist in dealing with the aspects of the administrative monopoly,which have been embodied in the ambiguity of the provisions of the administrative monopoly and the subjects of anti-administrative monopoly law enforcement.This makes our anti-monopoly law enforcement institutions focus on handling the economic monopoly and invariably conservative in investigating the administrative monopoly.For this reason,our anti-monopoly law enforcement institutions should also regard the anti-administrative monopoly as the significant work.Only in this way can we authentically implement and enforce the Anti-Monopoly Law in our economic life and ensure favorable competition and nonnative market order.Furthermore,our country has not established a set of mature coordination mechanism in the aspect of coordinating the anti-monopoly law enforcement institutions and the industry supervisory organizations,which results in information asymmetry in the process of law enforcement between the anti-monopoly law enforcement institutions and the industry supervisory organizations and causes conflicts in the right of jurisdiction and the application of law.For the purpose of improving our anti-monopoly law enforcement system,China should build a pattern of the subjects of anti-monopoly law enforcement,that is to focus mainly on the anti-monopoly public authority while to take the industry supervisory as supplement.This scientific setting of the anti-monopoly law enforcement institutions will play a crucial role in promoting our market economy.