Comparative Research On Anti-monopoly Sanctions Measures Between China And India

It has been 11 years since the publication of the "antitrust Law of the People’s Republic of China" in 2008.In these 11 years,China’s anti-monopoly law has been continuous progress and development,has made considerable achievements,at the same time in the implementation of the process there are many problems.In the process of the implementation of anti-monopoly law,the application of anti-monopoly sanctions measures is one of the key links.China’s anti-monopoly sanctions measures in the process of application of a series of difficulties,therefore,in order to promote the better implementation of anti-monopoly law,the study of China’s antitrust sanctions measures is very necessary.India,as well as a developing country,also faces the same dilemma as the application of the sanctions measures in its competition law,including the uncertainty of the penalty system,the prudence of the attitude towards criminal sanctions and the lack of implementing rules for the leniency system.It is also important for my country,together with India,to be a member of the BRICS competition Conference to compare our antitrust sanctions with those of India.We can not only find out the reasons behind the emergence of relevant problems in China,but also through comparative study,study the Indian competition law worthy of China’s reference,in order to improve China’s anti-monopoly sanctions measures to put forward concrete and feasible proposals.This article takes anti-monopoly sanctions as an entry point,and analyzes and compares anti-monopoly sanctions between China and India,and draws excellent experience suitable for China.Firstly,it introduces in detail the institutional design of China’s anti-monopoly sanctions measures and the existing problems of anti-monopoly sanctions in China since the implementation of the anti-monopoly law.Subsequently,it analyzed the institutional regulations on anti-monopoly sanctions in the Indian competition law,and discussed the problems and development trends of anti-monopoly sanctions in India.In addition,combined with the analysis of the two parts,the author compares the similarities and differences between China and India’s administrative sanctions,damage compensation system,criminal sanctions and forgiveness system.In-depth clarification of the problems and reasons behind China’s anti-monopoly sanctions.Finally,combined with the above,we put forward specific suggestions for improving China’s anti-monopoly sanctions.Such as clearing the fine system,increasing penalties,improving the damage compensation system and refining the system of forgiveness.It is hoped that the anti-monopoly law will be better implemented by improving China’s anti-monopoly sanctions.