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US-Japan Comparative Study of antitrust enforcement system and its Implications for China

Author: WangDongYu
Tutor: QiHongLi
School: Yunnan University of Finance
Course: Economic Law
Keywords: Public enforcement Private enforcement Compare Revelation
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 280
Quote: 0
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Abstract

Antitrust public enforcement and private antitrust enforcement system is an important part of implementation of the system, especially on the implementation of antitrust significance. Public enforcement of antitrust law and private enforcement system, not only has important theoretical value, but also has important practical significance. Less than two years of implementation of anti-monopoly law, public enforcement and private antitrust enforcement system there are still many deficiencies. Therefore, it is necessary to learn from other countries mature legislative experience. However, national antitrust laws were different, but the maturity of the national antitrust laws also vary, so our experience of other countries in the antitrust aspects of legislative experience, you should select the appropriate object of study and comparative analysis of them advantages and disadvantages, whichever director, to avoid it short. Therefore, comparative studies are indispensable. The modern sense of the antitrust laws originated in the United States, the U.S. antitrust laws of other countries has a strong role model and an important reference value, the United States is the world's first implementation of an antitrust regime established systems in countries whose public execution and implementation of the system has many mature private practices, such as the United States antitrust structuralism and behaviorism, the Department of Justice Antitrust Division and the Federal Trade Commission set of institutional arrangements and their executive, quasi-legislative and quasi-judicial powers of powers The functions in a private treble damages as well as other systems, but also for other countries to learn, reference and learn. Japan and the Asian country is belong to neighbors, and all civil law countries, cultural traditions, legal system, and so there are many similarities. Japan's \This localization process can be perfect for our antitrust laws to provide a valuable reference. Based on this, to antitrust enforcement and private enforcement of public view, the use of comparative analysis method, a comparative analysis of the United States, respectively, and Japanese antitrust enforcement system of public and private enforcement regime, and in accordance with the actual situation in our country , Yang, its director, to avoid it short to draw the United States and Japan in a relatively complete system of public enforcement and private enforcement regime by improving the country's public antitrust enforcement system and private enforcement regime specific recommendations. Research methods used in this paper are two-fold: first, comparative study. This paper compares the major differences between the United States and Japan's public enforcement and private antitrust enforcement system, drawing on their own successful experience, to improve our public enforcement and private antitrust enforcement system. Second, the historical method. This fourth chapter to the United States, Japan and antitrust enforcement system at all stages of the policy approach of the sort, using historical research. This paper is divided into four chapters, the first, second and third chapters, respectively, from the microscopic point of the implementation of specific public and private enforcement system are discussed, the fourth chapter is from a macro perspective of the entire antitrust enforcement regime (including public enforcement and private enforcement regime) policy approaches are discussed. The first chapter is the public enforcement and private antitrust enforcement system overview. From the implementation of the main antitrust paper introduces the public and private enforcement regime and the advantages and disadvantages of each model, and discusses the coordination of public and private enforcement system approach. Chapter II respectively public enforcement agencies and functions of public enforcement agencies perspective, comparative analysis of the U.S. and Japan's public enforcement regime, discusses the implementation of the system on China's public revelation, and made specific recommendations. Chapter III comparative analysis of the U.S. and Japan, private enforcement regime, and expounded on China. This chapter describes the United States and Japan, respectively, the private enforcement system, and comparative analysis of the pros and cons of each, and finally elaborated on China. Chapter from a comparative analysis of macro-level U.S. and Japanese anti-monopoly enforcement regime's policy approach. This chapter focuses on the American structuralism and behaviorism and Japan's industrial policy and competition policy relations, and finally elaborated on China.

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