Research On China’s Anti-monopoly Regional Law Enforcement Coordination Mechanism

Since the 18th National Congress of the Communist Party of China(CPC),the Central Committee of the Communist Party of China(CPC)and the State Council have made a series of important decisions and arrangements on the issue of monopoly.China’s anti-monopoly law enforcement work has continuously made important achievements,and the anti-monopoly law enforcement system and mechanism have become increasingly sound.However,China’s competition law enforcement practice is not smooth sailing,and there are still some difficulties to be solved.For example,specific operators in regions A and B,in conjunction with other operators within their respective business regions,have entered into monopolistic agreements that divide the local sales market and raw material procurement market,fix the sales prices of goods and services,and limit the production or sales volume of goods.There have been incidents where the anti-monopoly law enforcement agencies in region A have determined that they are illegal and have filed a case,while the anti-monopoly law enforcement agencies in region B have not filed a case.For another example,specific operators in Region A have committed acts of abuse of market dominance for a long time,with significant impact,and serious consequences,and improperly seize excess monopoly benefits.The local anti-monopoly law enforcement agency has made a decision to confiscate illegal gains,while specific operators in Region B have committed acts of abuse of market dominance for a long time and similarly obtained excess monopoly benefits,But has not been imposed by local anti-monopoly law enforcement agencies on measures to confiscate illegal gains.When dealing with the same type of monopoly cases,regional anti-monopoly law enforcement agencies should make basically the same handling decisions in order to effectively maintain the authority of the anti-monopoly law and stabilize the development expectations of market entities.However,the above examples indicate that some regional anti-monopoly law enforcement agencies in China have problems such as different enforcement standards when dealing with the same type of monopoly cases.Therefore,the focus of this article is to study this issue and propose countermeasures.The first chapter of this article is an introduction,and the remaining four chapters are the main text.The second chapter is a presentation of phenomena.By comparing and introducing six typical monopoly cases,it shows the differences in the enforcement patterns of anti-monopoly law enforcement agencies in some regions of China when dealing with similar types of monopoly cases with basically similar objective facts.It is concluded that there are differences in the enforcement standards,difficulty in ensuring independent enforcement,gaps in enforcement capabilities,and opaque enforcement processes among anti-monopoly law enforcement agencies in some regions of China when dealing with similar types of monopoly cases The conclusion that the law enforcement resources are insufficient leads to the lack of a regional law enforcement coordination mechanism for China’s Anti-monopoly industry.The third chapter is a question raising,which aims to raise a question for the reader to this article:Even if some regional anti-monopoly law enforcement agencies in China have the above problems when dealing with the same type of monopoly cases,why does this article focus on "Anti-monopoly regional law enforcement coordination mechanism" rather than other cases?What are the strengths of this mechanism?This article attempts to demonstrate in this section that the "Anti-monopoly regional law enforcement coordination.mechanism" has the advantages of helping to improve the organizational system and power operation mechanism of China’s anti-monopoly law enforcement agencies,helping to steadily promote the openness and transparency of China’s anti-monopoly law enforcement process,and helping to reduce the probability of "power rent seeking" and "regulatory capture" by anti-monopoly law enforcement agencies.The fourth chapter is an analysis of the reasons,and the focus of this part of the study is on why China has not yet advanced the construction of the anti-monopoly regional law enforcement coordination mechanism since it has the above advantages.This article preliminarily analyzes the possible reasons why China has not yet established a regional law enforcement coordination mechanism for Anti-monopoly from three perspectives:the internal inspection of anti-monopoly law enforcement agencies,the relationship between economic environment and anti-monopoly law enforcement,and the correlation between anti-monopoly law enforcement evaluation standards and law enforcement coordination.The fifth chapter is a path exploration.Due to the fact that the reform of the anti-monopoly law enforcement system inevitably involves a wide range of aspects,multiple personnel,and complex work processes,this article does not endorse radical problem-solving solutions.It only attempts to call on China to establish a collaborative mechanism for anti-monopoly regional law enforcement,and proposes timely adjustments to the top-level design content of the reform of anti-monopoly law enforcement agencies,strengthening the correlation between the collaborative mechanism for anti-monopoly regional law enforcement and the business environment Prudent application of basic ideas such as the "humble"regulatory thinking in anti-monopoly,while also proposing specific suggestions to improve the existing case communication system,establish a unified monopoly case information disclosure platform across the country,explore the establishment of cross regional job exchange mechanisms,and establish and continuously improve the comprehensive anti-monopoly law enforcement system.This provides theoretical reference for promoting the establishment of a more scientific and efficient anti-monopoly law enforcement system in China.