Studies On Using Antitrust Laws Restricting The Government Regulatory Behavior

In a market-economy country, government regulation is regarded as a representative means to intervene its micro-economic.There is a gradual process when we try to understand government regulation theories. And now, the focus on this issue has been changed from debating the necessity of regulation to controlling this behaves by the rule of law, in order to promote economic efficiency. Whether regulating the natural monopoly industries, or social matters, such as product quality, food safety, environmental protection and so on, government actions should be consistent with the spirit of fair competition. However, sometimes, our government’s actions did not meet requirements of the law. For example, in “Electronic Monitoring Network”Event, occurring in 2008, government had granted only one company the privilege of using electronic monitoring code to regulate food safety, limiting the opportunities for other companies entering this field. For this reason, we need to use laws, especially the antitrust law, to regulate government behaviors.This paper intends, from the perspective of antitrust, to analyze this events, in order to pointing out the problem in supervising our government behaviors. And on this basis, the author gives some ideas to solving this problem.This paper consists of four parts:In the first part, the author describes the basic elements of government regulation and analyzes the relations of government regulation and antitrust. Then explains the necessity of regulating government behaviors by antitrust laws.In the second part,the author analyzes the "Electronic Monitoring Network " Event by antitrust law. Then on the basis of reviewing the whole process of this events, in the third part, the author points out the problems of supervising government regulation behaviors in our antitrust laws. These problems are concentrated on three points: at first, our antitrust law is not clearly defined which behaviors can be exempted; and second, our law does not act on the process of government regulation behaviors; at last but not the least, our antitrust law lacks the effective system of rights remedies.The fourth part of the article is about how to use the antitrust laws to restrict government regulatory behavior. This is the focus of this article. By learning experiences from Western countries, this paper presents some recommendations of restricting government regulatory behavior by the antitrust laws. At first, it should provide for exemption from the scope of government regulation behavior clearly.Second, the principle of competition shall be regarded as the fundamental principles of examining the government regulatory behavior.Third, improving the level of enforcement when people trying to limit government regulatory behavior in these laws. Fourth, we need to solve this problem by the way of litigation.And we need to invite experts in various fields to hear antitrust cases.