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China should develop

Given. Anti-cartel law is the basic law of market economy countries, including the antitrust laws, including anti-cartel law in Germany, known as the as the Moreover, China's anti-cartel laws are administrative laws and regulations, authority is not enough,[link widoczny dla zalogowanych], if compared with the high-level legal, does not have priority. 3, China's anti-cartel laws are mostly prohibitions, such as the prohibition of fixed price, which is equivalent to U.S. antitrust law itself illegal. However, the U.S. antitrust practice tells us that only apply to ② the parties and the court on the same interpretation of the nature of behavior are often at odds, the lower court's decision also often inconsistent. ③ per se is based on the legal assumption, assumptions consistent with the fact that the question is not necessarily perfect, especially in the volatile situation in the economy. For commercial certainty and validity of the proceedings, may tolerate a full investigation under the agreement may prove to be reasonable,[link widoczny dla zalogowanych], but was declared illegal. Se unjust factor has its own Achilles heel of law, the extent to tolerate such injustice exists, has been a problem. ④ l2 a cartel law a per se rule the use of a disadvantage is that if there is a group of competitors in their own offense as auxiliary means so that the number of competitors to expand, enhance competition, to gain greater public interest. This behavior is the use of auxiliary and reasonable, but the same will be declared illegal by the courts. Illegal because of their inherent defects, in recent decades, various markets including the U.S. anti-cartel laws economies by per se rule based and reasonable way to avoid the use of a separate offense caused by the defect itself. Thus, China's anti-cartel law should change the current legislative model, to take its own rules of law combined with a reasonable way. 4, anti-cartel authorities in China is the Industry and Commerce Administration, which mode of to adapt the existing legislation. Use of existing anti-cartel law absolutely prohibited, as long as the list of acts are prohibited by law, that offense does not need to review the action is conducive to competition. If you adopt their own rules of law combined with a reasonable way, because the rule of reason requires the competent authorities conduct a comprehensive review to determine whether the conduct impedes competition,[link widoczny dla zalogowanych], Industry and Commerce Administration will not post the functions of the professional is not strong and can not adapt. Many market economies have a special anti-cartel authorities, such as the U.S. Federal Trade Commission, the Federal Cartel Office of Germany,[link widoczny dla zalogowanych], Britain, Japan's Fair Trade Bureau, the EU's European Commission, which has a strong independence and authority sex. Therefore, the competent institution of anti-cartel law reform is an important part of the reform. The status of anti-cartel laws be reformed, it is not patched, there is a cartel and then the development of a regulation, but the experience of other market economy countries, the success of legislative experience, an integrated, comprehensive legislation. Comprehensive anti-cartel laws in our country delay a / '22,[link widoczny dla zalogowanych], 2 Chen Minrong | | j - Taiwan, the most fundamental reason is that anti-cartel antitrust law generally, and people work out, China's anti- monopoly law can not put a direct impact on the development of anti-cartel law. AML is generally for the private monopoly, the state monopoly or state-owned enterprises to be exempt, such as Japan's Antimonopoly called