The Anti-Monopoly Enforcement Authorities vs. Administrative Agencies: It's Time to Reconstruct Their Relationship when Dealing with Administrative Monopoly in China

摘要

The governments and their subordinate agencies abusing their administrative power have and will have an important impact of competition and market economy in China. The SAMR has published a series of administrative guidelines and regulations in order to define and to shape the application of the AML to administrative monopoly, meanwhile the Fair Competition Review System was set as the cornerstone of Chinese competition policies. However, if the status of administrative agencies in the enforcement of AML remains ambiguous, the newly established system will not be fully effective in regulating administrative monopoly. Considering the characteristics of the enforcement of the AML, allowing the AMEAs to moderately intervene in the ex ante review mechanism and the ex post remedy would be a way to reallocate the improper power sharing between the AMEAs and administrative agencies.