Comparation Of China Antitrust Law And The U.S. Antitrust Law

It takes28years for China to publish their first Anti-trust Law; from the first published policy in1980to the formal Anti-trust Law which effected at January,2008. China Anti-trust policies were movingforward and backward several times during the whole process. The limitations and obstacles were not onlyby the long story of join in the World Trade Organization (WTO), but also because the special economicmodel of China. The special economic model makes China has some difficulties to simply mimic othercountries’ Anti-trust Laws, thus there is a long way to make China Anti-trust Law become a prefect, or atleast effective one. And at last promote compete and prevent monopoly in the same time. However, thisdoes not mean China Anti-trust Law cannot gain benefits from watch other countries’ developments. Basedon this idea, this paper was divided to seven parts to compete and describe the Anti-trust Legislations in theU.S. with the Anti-trust Legislations in China. The first to sixth parts were competitions and descriptions ofboth the U.S. Anti-trust Legislations and the China Anti-trust Legislations, and the last part of this paperwas some suggestions for the new China Anti-trust Law.This paper was designed to be a horizontal structure. It not only has compared the differences oflegislations, but also included historical background and analyses. The purpose of this paper is to let itsreaders understand monopoly, it’s hazards, and the way to reform current legislations; thus find out the bestway to promote competition and decrease monopoly. The first chapter of this paper talked about both theU.S. Anti-trust laws and China Anti-trust laws; explained the main goals of Anti-trust laws, its subjects andobjects, and outcomes. The U.S. legislations part was focusing on1890Sherman Act,1914Clayton Act,1914Federal Trade Commission Act, and1950Celler-Kefauver Act; whereas the China legislation partwas focusing on2008People’s Republic of China Anti-trust Law. By compare and analysis of coresessions, author wants to clarify how the U.S. and China cope with anti-trust. Moreover, the comparisonshows how different those two nations are in their anti-trust legal systems.The second chapter described scope of the law and who is under the Anti-trust laws’ control. It showsthat competitors and monopolizers change their positions quite often during doing their business. It indeedpointed out general understanding with monopoly can be summarized to three points: combination, contract, and discrimination. This chapter was focusing on these three points and somehow identified the inherentadvantages and disadvantages of both legislations. The second chapter has talked about governmentmonopoly behaviors at the end and thus distinguished it from others.The third chapter had reviewed how the U.S. and China Anti-trust law enforcement do their works.Here not only mentioned the administrators, but mentioned it’s hierarchy as well. For the U.S.enforcements, this chapter had talked it’s department of justice in federal level and state level, and thefederal trade commission. For China enforcements, this chapter was focusing on the antitrust commissionand its three branches, namely, anti-trust division of China Department of Justice, national developmentand reform commission, and State Administration for Industry and Commerce. This chapter at lastmentioned how confused these branches perform their duties, and thereby need to be reformed.The forth chapter discussed how self-help works.“Self-help” as its name shows, means howindividuals use anti-trust law protect their own profits; or public benefits. Since the U.S. anti-trust lawencourage individuals hold suits against monopolize behaviors, plus it works well in protect individualsprofits. This chapter discussed self-help in details and analyzed if it’s possible to have self-help regulationsin China antitrust law in the future.The fifth chapter shows how the U.S. and China anti-trust laws work with “exceptions”. Based on thereality of limited legislation of exceptions in China Anti-trust law, here author put her efforts on explainhow exception regulations work in the U.S. on purpose of provide first step understanding of “exception”.The sixth chapter concluded how the U.S. and China anti-trust law effected on overseas cases. SinceChina anti-trust law has only one sentence clarified its validity on overseas cases but no explained in details,here just described the evolution of the U.S. Anti-trust laws’ extraterritorial application. However, theirexperiences of extraterritorial application can help China with reformation.The last part of this paper gave out some suggestions of later on reformation. It includes three parts:the reformation of enforcements, the reformation of exception regulations, and the reformation ofextraterritorial application. The paper at last talked a little bit about the blueprint of China anti-trust law.