The Comparative Research On The Legislation Of The Antimonopoly Of The Monopoly Agreement Of China And Australia

Chinese market economy is at a stage of rapid development.The emergence of anti-monopoly law monopoly agreements has seriously hampered the free competition of market players in China and is not conducive to improving the overall economic efficiency of our society.From the point of view of constitutive requirements,exemption system and legal clauses,the legislative regulation of monopoly agreement in anti-monopoly law of China generally has the characteristics of enumerating clauses in principle and regulating clauses in principle.This kind of legislation is a kind of broad legislation,so it is difficult for the anti-monopoly law enforcement agencies to apply the vague and general law.Therefore,the legislation system of China’s antitrust monopoly agreement still needs to be further improved.Based on the comparative study of the monopoly agreement between China and Australia,the following four conclusions are drawn.Firstly,the common behavior of the monopoly agreement in Australia stipulates "contract" and "agreement" side by side,while the expression form in China is vague.Therefore,Chinese laws should refine the form of monopoly agreement and use dichotomy to define the market effect.Secondly,monopoly agreement of Australia has supporting implementation rules on the exemption system,which are more detailed,while China’s substantive legislation is insufficient,lacking operability and practicability.Therefore,Chinese laws should formulate corresponding supporting measures to improve the application mode of procedure and the legislative mode of collective exemption.Thirdly,the regulation of monopoly agreement in Australia introduces criminal liability,which is not stipulated in China.However,with the continuous development of Chinese market economy,the administrative liability and civil liability stipulated in the current anti-monopoly law are not enough to effectively regulate the anti-monopoly monopoly behavior.Therefore,China needs to introduce the criminal liability system of monopoly agreement into the anti-monopoly law,so as to truly kill the monopoly behavior in the cradle.Fourthly,Australia’s forgiveness system has specific implementation rules and clear scope of application,while China does not have clear scope of application and supporting implementation rules.Therefore,Chinese laws should clarify the applicable conditions of the forgiveness system and issue relevant supporting legal documents.Therefore,anti-monopoly law of China still needs to take the monopolyagreement as the key object of regulation.From the perspective of comparative law,this paper makes a comparative study of monopoly agreements at home and abroad,draws on the excellent legislative experience of foreign countries,and puts forward new legislative thoughts and Suggestions for the regulation of monopoly agreements in China.