Disputes About Public Enforcement Of Anti-monopoly Law

In the ten years since the enforcement of China’s Anti-Monopoly Law,the promotion of anti-monopoly work in China has mainly relied on public enforcement,that is,anti-monopoly law enforcement agencies have investigated and dealt with relevant illegal activities.With the development of practice,some problems have also been exposed in the enforcement of anti-monopoly law.There are several typical disputes in the Qualcomm monopoly case.The first is that the law enforcement agencies have given unreasonable logic in the determination of Qualcomm’s illegal acts,and they have not complied with provisions of the law in the penalties imposed on the litigant This reflects the discretion of the anti-monopoly law enforcement agencies in enforcing the law,this part is mainly contained in the Chapter 1.Secondly,the National Development and Reform Commission,as a law enforcement agency,is suspected of transferring the burden of proof in this case.It facilitated the transfer of its own burden of proof to Qualcomm and aggravated Qualcomm’s burden of proof,this part is mainly in Chapter 2.In addition,the NDRC,one of the three anti-monopoly law enforcement agencies,is also questioned in the investigation of this case.This part will be discussed in Chapter 3 of this paper.Finally,in combination with the newly-passed reform program of anti-monopoly law enforcement agencies this year,this paper will further provide suggestion on improvement of quality of anti-monopoly law enforcement and enhancement of the public recognition.