中国《反垄断法》实施的反思：问题与对策

Abstract

The enactment and enforcement of Chinese Anti-Monopoly Law show that China is implementing the market mechanism as the fundamental method to allocate resources and adjust the supply-demand relationship. Based on the explanantion of Anti-Monopoly Law, anti-monopoly enforcement agencies regulate non-price monopolistic conducts, price monopolistic conducts and undertaking merger respectively, which maintains the market competition order effectively. According to Anti-monopoly Law and related laws, courts accept and hear monopolistic cases,which can control monopolistic conducts and protect the market competition and consumers’ interests. However, because the rule-of-law conception of market-oriented economy is weak,the antimonopoly legal system is not sound, and anti-monopoly enforcement mechanism is unreasonable, the effects of Anti-Monopoly Law are not satisfactory. Therefore, it is necessary to futher the anti-monopoly legal system from the positive and procedural perspectives according to Anti-Monopoly Law and Chinese Legislation Law. At the same time, it is imperative to implement antimonopoly rules strictly and regulate the monopolistic conducts reasonably, in order to create and maintain well-ordered competition environment.