Research On Administrative Enforcement Mechanism Of Horizontal Monopoly Agreement

In the background of the revision of China’s Antimonopoly Law,in the new era of the integration reform of antimonopoly law enforcement agencies,in the face of more and more complex deficiencies and deficiencies in the enforcement of horizontal monopoly agreements,this paper mainly studies the experience of the United States and the European Union in the enforcement of horizontal monopoly agreements,discusses the enlightenment to China,and in the new countries Under the guidance of the Interim Provisions on the prohibition of monopoly agreements issued by the General Administration of market administration,some suggestions are put forward to improve the enforcement procedures and details of horizontal monopoly agreements in China,so as to expect a greater breakthrough and a long-term mechanism in the field of horizontal monopoly agreement enforcement in the future.Horizontal monopoly agreement is the primary content of anti-monopoly law regulation in various countries,especially in developed economies such as the United States and the European Union.At present,the anti-monopoly law and system of our country are not very perfect,especially in the great historical background of the anti-monopoly law of our country which hasn’t been revised for ten years,the illegal behaviors of various horizontal monopoly agreements still exist universally.Through the introduction of the historical background of the topic and the elaboration of the research significance,the main purpose of writing this paper is to show the theoretical prospect of this paper The purpose of this paper is to show the development stage and achievements of the current theoretical research on horizontal monopoly agreement in China through the theoretical research and literature search of domestic and foreign regulations on horizontal monopoly agreement,and to get a general understanding of the current world and global excellent research results on the theory and law enforcement of horizontal monopoly agreement in China.Based on the detailed analysis and discussion of the current basic theories of China’s horizontal monopoly agreement,including the concept and characteristics of horizontal monopoly agreement,type and exemption,harm and applicable regulations of law,the main feature is to take the current relevant provisions of China’s current anti-monopoly law as the theoretical basis,supplemented by the relevant experts’ revised proposals of the anti-monopoly law Combined with the latest Interim Provisions on anti monopoly agreement issued by the General Administration,it can be fully seen that the basic theory of horizontal monopoly agreement in China is constantly developing and improving,which also brings new opportunities and challenges to the current horizontal anti-monopoly law enforcement work in China.For the current situation and problems of enforcement of horizontal monopoly agreements in China,mainly from the summary of law enforcement agencies,law enforcement basis and law enforcement cases in 2018,this paper analyzes the number distribution of law enforcement cases,the adaptation of confiscation of illegal income,the adaptation of exemption system and forgiveness system of monopoly agreements,the number distribution of law enforcement subjects,etc.I hope to find out the deficiencies and defects of the current horizontal monopoly agreement law enforcement,as well as the areas that can be improved in the current law enforcement,so as to find the source of the problems for the following suggestions to improve and perfect the law enforcement.By learning from the experience and system of foreign countries,mainly the United States and the European Union in the process of enforcement of horizontal monopoly agreements,this paper discusses the enlightenment for China’s law enforcement.From the three aspects of establishing a unified law enforcement agency,increasing administrative penalties and strengthening the protection of consumers,we can learn from and absorb useful theories and systems in line with China’s domestic horizontal monopoly agreement enforcement.It needs long-term practice to prove and test whether it is feasible and worthy to adopt specific suggestions to improve the current horizontal monopoly agreement and law enforcement management mechanism through three simple sections.Of course,since the entry into force of the anti monopoly law and the introduction and absorption of foreign anti-monopoly law enforcement,China’s anti-monopoly law enforcement work has also made a lot of achievements in more than ten years Happy achievements and considerable progress and development,its progress and development,for the people’s daily life and work to provide a lot of convenience,but also always pointed out that there are some problems of law enforcement and supervision is relatively backward and weak.Compared with the hot foreign anti-monopoly law enforcement,it is urgent for us to attach great importance to the anti-monopoly law enforcement.This chapter is mainly from the perspective of the lack and improvement of law enforcement.In 2020,it also looks forward to the early completion of the amendment of China’s anti-monopoly law,so that the new anti-monopoly law can truly become the pillar of law enforcement.This chapter is mainly from the three aspects of clear identification standards,increasing the responsibility of illegal results and refining the specific system and procedures of law enforcement,specifically from clear identification and calculation of illegal income,clear procedures of law enforcement,clear professional standards of law enforcement personnel,unified standards of law enforcement,strengthening the publicity of case information,improving and refining leniency system,exemption system and law enforcement procedures Starting from a small point,I hope the suggestions of this paper can provide some useful reference for the improvement of the new law.There are also many deficiencies in this paper,not in-depth study of the theory and the excavation of foreign literature,not in-depth understanding of the current situation of law enforcement in China,and the feasibility of improving suggestions to be further tested.Generally speaking,on the road of deepening reform and continuous improvement in China,the improvement of many problems can not be achieved overnight,and we should be full of expectations for the future direction.The conclusion of this paper is mainly to summarize and analyze the content of the article,to echo the main points of the article,to constantly improve the deficiencies of the enforcement of horizontal monopoly agreement in China under the background of updated legal theory and practice,and deepening reform,so as to make the enforcement of horizontal monopoly agreement on the right direction and track In order to promote the construction of our country’s overall rule of law,we are also looking forward to the future development.