Research On Optimization Of Legal Regulation Of Monopoly Agreement

At present,the legal system of anti-monopoly law in China is mainly composed of the "anti-monopoly law" and the department rules formulated by the anti-monopoly administrative law enforcement agencies within their respective functional scope.In2018,China's anti-monopoly administrative law enforcement agencies were adjusted,and relevant anti-monopoly law enforcement activities were unified by the State Administration for Market Regulation.The unity of law enforcement forces is conducive to the unification and improvement of the penalty standards and intensity of monopoly agreement cases.However,in judicial practice,there are still some disputes about the identification approach of monopoly agreement,mainly in the identification approach of the principle of illegal itself or the impact of relevant acts on market competition.The identification approach of monopoly agreement between the anti-monopoly law enforcement authorities and the court is not unified.The exemption defense system of monopoly agreement is difficult to be applied effectively,and the imbalanced distribution of burden of proof between the two parties has been hindering the implementation and development of anti-monopoly law.In this paper,monopoly agreement as the entry point,first of all,through the concept of monopoly agreement,classification,characteristics and other knowledge points to learn,through the definition of the concept,to lay a theoretical foundation for the following analysis.Secondly,this paper systematically analyzes 100 cases of monopoly agreement since the implementation of the Anti-monopoly Law,and on this basis analyzes some cases of monopoly agreement to a certain extent,so as to put forward some common problems existing in judicial practice.Thirdly,based on the elicitation of related problems,the reasons behind the problems are explored.Finally,based on the analysis of the problem,put forward the corresponding solutions,in order to facilitate the improvement and development of monopoly agreement regulation.