Research On Anti-monopoly Regulation Of Hub-and-spokes Conspiracy

Hub-and-Spokes Conspiracy came into being under the background that the regulation storm of monopoly agreement.It has both the dual nature of horizontal and vertical economic relations,breaking the shackles of the already formalized dichotomy of monopoly agreement and becoming a new type of monopoly agreement with great harm but lacking corresponding anti-monopoly law regulation.In order to perfect the legal regulation of the Hub-and-Spokes Conspiracy and improve the law enforcement level,we must first clarify the current regulation situation in our country.China’s current anti-monopoly law revision work has fully incorporated the Hub-and-Spokes Conspiracy into the anti-monopoly law.Relevant regulations have been issued to sort out the general law enforcement thinking and special considerations of the Hub-and-Spokes Conspiracy,which are frequent in the industry with prominent problems.It is reasonable to believe that the Hub-and-Spokes Conspiracy will be the focus of anti-monopoly law enforcement.However,by analyzing the Anti-monopoly Law,that there are still some problems that cannot be ignored.At the same time,the experience tells us that the similar behavior of Hub-and-Spokes Conspiracy in China’s local practice has various manifestations.The direct application of the experience of extraterritorial regulation without considering the Chinese phenomenon will result in the existing relevant provisions of Hub-and-Spokes Conspiracy being merely superficial.The regulation of the Hub-and-Spokes Conspiracy has become a common problem.Therefore,the design and optimization should be based on the existing practice in our country,integrate the interpretation and revision of the "Anti-monopoly Law" and the supporting implementation of the legal norms,and also match with the characteristics of the actual situation when referring to the practical experience of anti-monopoly in other countries.It should focus on putting forward the regulatory countermeasures and suggestions to show the phenomenon in China,and the behavior of market subjects,to construct a unique regulatory model that meets the actual needs of China.