Efficient Enforcement of Competition Law

Abstract

Competition Law is enforced by government agency or/and through lawsuit by private entities. The government agency which has right and duty to enforce competition law (Competition Agency) can implement the competition law according to the standards and procedures granted by the law. On the other hand, undertakings or consumers who already suffered or may suffer from the violation of competition law can seek for the compensation of damage or the injunction of violation through the lawsuit. It is necessary for three Competition Agencies to cooperate closely and to evade conflict among them in the process of law enforcement. In China, theprocedures of competition law enforcement have not yet been precisely setup. As theresult, the procedures are not enough clear and transparent. In order to ensure the efficient enforcement of Antimonopoly Law, it is essential for the Chinese Agency to prepare the handling procedures beforehand and to keep to the procedures in dealing with cases. In China, the competition agencies may lack in the expertise of officials, especially the expertise for economic analysis and judicia lreview. In order to ensure the efficient enforcement of Antimonopoly Law in China, it is also necessary to guarantee the independence of competition agencies. However it is not easy to expect for the Chinese competition agencies enforcing the law independently. Because there is no provision to guarantee the independence of competition agencies in the competition law, and there are little understanding of the meaning or importance of the independence of competition agencies in China. In China, the competition agencies will earn credibility through the law enforcement not only from general public including consumers but also from business sectors. However in moment, the credibility of the agencies would be still not strong.