The Relationship Between Anti Monopoly And Financial Supervision Institutions In German Law And Its Enlightenment To China

China's anti monopoly law since 2008 has been the implementation of the parties concerned,especially in recent years,a series of astronomical ticket out of the anti-monopoly law enforcement efforts to make the market more understanding of the government's determination to protect the competitive mechanism.At the same time,the capital market is active in the financial industry in the national economy,the status of continuous improvement,the role of the financial services of the real economy is also increasingly reflected.The stability and security of the financial industry are of great significance for a nation has no verbosity.Therefore,the protection of the normal operation of the financial industry competition is a national strategy.Compared with the monopoly agreements,abuse of market dominant position behavior,the concentration of business operators arising from the monopoly for the financial markets more harmful,because of the concentration of business operators once produced monopoly will be difficult to restore to a previous state,the cost of remedial measures is also very high.Once a sensation of Ping An Group's acquisition of deep development,China's financial market first has a greater influence on the operator case focuses on.The in this case as the breakthrough point found in up to three years of merger and reorganization process,according to the anti monopoly law has a concentration of business operators the right to review of the Ministry of Commerce in the merger implementation of law enforcement in,and mergers and acquisitions both sides just at key stages of the merger and acquisition(M&A)to the financial regulatory agencies to declare,and public financial regulators approved document,we cannot see the financial regulators whether and how should the case of financial industry competition pattern caused by the impact assessment is made.This case has fully exposed the lack of our country's anti-monopoly law enforcement work in the financial sector.Few of existing research results study the regulation of the relationship between the German anti monopoly agency and financial regulators,and draw the conclusion,China whether and how to use the relevant experience of Germany.The German anti-Monopoly Institution has the anti-monopoly law enforcement power in the financial sector,while maintaining close cooperation with the financial regulatory authorities to realize the coordination of law enforcement.Germany "anti limiting competition law,the Securities Exchange Act,the securities and Acquisition Law were on anti monopoly agency and the bank sector regulators cooperation made a clearly defined,as is the main form of inter agency cooperation and mutual exchange of information,so these terms also quoted the relevant provisions of the data protection and privacy protection method,to limiting mechanism between information exchange for administrative relative man made the effect or damage.Article 35 of the constitution of Germany has clearly defined the duties between state agencies assistance system,and in the "administrative procedure law" Article 8 do the detailed provisions.Therefore,cooperation between antitrust and regulation of the financial sector law stipulated in the two institutions have the basic law and administrative law basis and according to the rules for their implementation.This paper will analyse the legal basis for cooperation on the two kinds of institutions in Germany and the legal cooperation boundaries in detail,and choose some as a proof,which are by German Federal Cartel Office and Federal Financial Supervisory Authority on the website published,the cases reflect the two institutions of cooperation and coordination of law enforcement.Studying German experience is to provide reference for our country,and improve the current situation of our country.This paper hopes to give China practical suggestions from the German experience.