Social Sciences in China (Chinese Edition)

No.3, 2017

 

A Chinese Option for an Analytical Model for Anti-Monopoly Law

(Abstract)

 

Ye Weiping

 

The modern analytical model of anti-monopoly law is a fundamental link in the law’s application. Since China’s Anti-Monopoly Law came into effect in 2008, judicial and law enforcement bodies have differed in their application of the law’s analytical model, leading to different judgements on the same kind of case. This runs counter to legal unity. In choosing an appropriate analytical model for anti-monopoly law, one should give consideration to the possible contributions of both economic analysis and legal formalism; and in drawing on mature institutional experience abroad, one should take into account such constraints as the structure of China’s contemporary anti-monopoly law system, the capacity of implementing agencies, and the status of the supply of economic analysis, so as to ensure a match between the degree of complexity of analytical model options and economic analysis; the level of professionalism in implementing institutions; and the cost of abiding by the law for participants in economic activities, etc.In terms of system design, we should carefully explain the clauses on the purpose of the legislation; set up a typological model suited to the Chinese situation for dealing with behavior; regularize the application of a complete analytical model; give full play to the principle of the distribution of the burden of proof; improve the relevant supporting systems; and improve the ability of agencies of public power to enforce the law.