| With the fixed quota system shaped by Ministries and Commissions of the State Council, currently the state's antitrust law was implemented by three departments respectively. Commerce Department is responsible for concentration of business operator examination, National Development and Reform Commission takes charge of antitrust enforcement relating to price fixing, while State Administration of Industry and Commerce is in charge of the enforcement of monopoly agreements, abuse of joint dominant position and competition restriction caused by administration power abuse. It can be seen that the State Administration of Industry and Commerce undertakes the most antitrust obligation.This article focuses on the enforcement problem of industrial and commercial administration after the promulgation of antitrust law, analyzing the current state of antitrust enforcement and the problem which may occur in future antitrust enforcement; besides, the author makes some suggestions on how to perfect the antitrust enforcement of industrial and commercial administration.This article is divided into four parts except foreword.The first chapter reviews the history of law enforcement of industrial and commercial administration and states the position and function of industrial and commercial administration during their law enforcement after the antitrust law promulgation.The second chapter states the antitrust enforcement responsibility of industrial and commercial administration, mainly discussing the restriction made on some problems according to antitrust enforcement, such as the abuse of joint dominant position restriction, monopoly agreements, administrative monopoly and the monopoly of public enterprises.The third chapter analyzes that during the antitrust enforcement, the industrial and commercial administration meets some problems. This part states the problem referring to internal coordination, external coordination, enforcement limitations and how it connects with judicial system.The fourth chapter makes imagination on the antitrust enforcement. On the basis of preamble and aiming at the new enforcement environment, the author makes several suggestions on how to prefect the antitrust enforcement of industrial and commercial administration. |
