Legislation Comparison On The Administrative Restriction Of Competition Of The Anti-monopoly Law Between China And EU

―Anti-monopoly law" of China stipulates clearly that administrative restriction ofcompetition is one of its regulating object, and the law stip ulates several aspects ofthe regulation of this kind of behavior from the species, lega l respons ibility and so on.Administrative restriction of co mpetition is not unique to China，EU is a quas ifederal state, administrative restriction of competitio n is an important part of itscompetition law. Adminis trative restriction of competition syste m has been perfectedafter decades years of deve lopment. Under the background that various aspects ofecono my and culture are closely related between China and EU, a comparative studyon anti-monopoly in the two areas has both practica l and theoretica l significa nce. Byintroduc ing the le gis lation o f administrative restriction of co mpetition, we can ha ve acomprehe ns ive understanding o f administrative restriction of co mpetitio n in theEuropean Union, and we can learn fro m EU. Ad ministrative restriction of competitionin EU is ana lyzed based on Directive, Regulatio n and TFEU, Administrativerestriction of co mpetitio n in EU cons ists of three parts: EU limits but does notprohib its member states taking measures contrary to administrative restrictio n ofcompetition; EU prohib its that Member States enact or ma inta in in force any measurescontrary to the competition rules in the case of public undertakings and undertakingsto which Member States grant specia l or exclus ive rights; EU supervise and controlstate aids. Whe n this paper compare and analyze the s yste m of ad ministrativerestrictions of competitio n, firstly the paper elaborates its concept, identificatio n andexemption criteria, enforcement a genc y, le gal respons ib ility, relie f measures and therelations hip with industria l polic y, and the n it ana lyze the differences and similaritiesfro m the concept, identificatio n and exe mption criteria, enforce ment agenc y and so on.Factors such as politica l syste m, econo mic system and legis lation value lead to thesimilarities and differences. Thro ugh comprehens ive legis lation comparative analys ison the administrative restrictions of competition behavior in China and the EU, wecan provide some legis latio n suggestio n on the regulatio n of ad ministrativerestrictions of competition behavior in our country, these suggestion ma inly inc ludesthat we should be clear respons ib ility to main body of administrative restrictions ofcompetition behavior, consummate the review mecha nis m to the abstractadministrative restrictions of co mpetitio n, build an independent authority of anti-monopoly law enforcement agenc y and the establis h of a va lue orie ntation thatadministrative restrictions of competition behavior has legis lative priority.