Research On The Competition Law Regulation In Real Estate Market

The real estate industry has attracted the government's most regulations and control measures in the last three years. The words, such as State Concil's"New"and"Old"eight regulations, State Concil's six regulations ,90 square meters, Order against foreign speculation in Real Estate, which the ordinary people are so familiar with but seldom understand are the evidences to prove that the government's industrial regulations and measures are diversified. However, the effect of these industrial regulations and measures are dissatisfied. The writer tried to seek for the direction of the real estate market from the point view of The Competition Law. The purpose of this thesis is not to find the solution to the rising of the house price but to provide the advice for the healthy development of the real estate market.The thesis analyzed the monopoly and features of the real estate market to identify that China's real estate market is in a market condition in which purchasers are so few that the actions of any one of them can materially affect price and the costs that competitors must pay. Then, the paper analyzed the government's regulations and control on the real estate market, and the credit and tax policies regulated the house price holistically. Seen from the increasingly rising house prices, these policies are not so effective in maintaining and reducing the house prices, on the contrary, it helps the rising of the house prices. For instance, the limitation of the land leads to the rising of the house prices; the tight monetary situation and tax increases aggravates the heavy burden of the house purchaser; the acreage and proportion limits can merely reduce the total expense of the house rather than the unit price of the house. So the current regulation and control on real estate is lack of a supporting and integrating theoretic base. This lead to the confilct of the objectives and inner-consumption of the effect, that's why it can't reach the goal of standardizing the market for real estate. At last, the essay illustrated the general theory frame of the The Competition Law, including relavant market,the agreement of competition restriction, abuse of dominant position,at the mean time,it analyzed some special anti-comptetitive practices。In the last part of the thesis, the writer pointed out the importance of the government intervention in real estate market. After all, home ownership is not a problem which can be solved by market only. Especially when the problem discussed in this thesis is the government's political resposibility to the citizens.