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Study on the Regulation of Anti-Monopoly Law of Chinese Real Estate Market

Author: CaoLiZuo
Tutor: LiHuiLing
School: Hunan Normal University
Course: Economic Law
Keywords: Real Estate Market Oligopoly the regulation of Anti-Monopoly law
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract

With the reform and opening-up, China’s real estate industry after 30 years of ups and downs, had developed into China’s national economy’s backbone industry. But because of their late start and developing quickly, China’s real estate market has showed a series of phenomenons and behaviors damaging the people’s livelihood,harming the consumers welfare and public interest of society, this also is with the current real estate market structures closely related.Due to high degree of oligarchic monopoly in specific area of China’s real estate market, monopoly restricts competitive behavior in the market will bring negative influences damaging consumers welfare and public interest of society effect.China’s real estate market monopoly forms of expression is varied, the main forms such as government monopolized the land market’s land-use right;all of the real estate enterprises with the form of price follow and price collusion to fixed housing price,and controlled the products sale quantity; some real estate enterprise abuse of their rights of dominant market position to monopoly informations and even limit price behavior of consumer choice. Useing the anti-monopoly law’s peculiar principles of itself illegal principle’and’reasonable principle’to analysis the real state market’s monopoly behaviors shows that in the market of government monopoly land, excluding the government behavior of relevant interests department to land,and establishing an effective financial dependence of land competitive markets is the key to break the monopoly; And for the competition between enterprises,its serious agreement behavior influences social economic life, and obstruct market mechanism in the role of optimizing the allocation of resources, so it should be applicable with the implementation of the principle of itself illegal; Finally,to the behaviors of real estate enterprise abuseing their dominant market position,it can possible that use the enterprise evaluation mechanism and market monitoring system to coordinate with the anti-monopoly law’s regulation.As an administrative punishment, in addition, the effective supplement in civil liability shall be introduced as soon as possible to forgive system by loss compensation consumers.Finally, the enterprise criterion should increase its illegal activities, in order to further criminal liability normative estate enterprise competitive behavior.With the high prices, basic livelihood guarantee by people are more and more serious, guiding and regulating the healthy development of real estate market has became more important. To regulate the effectiveness of the real estate market in China, the key lies in whether significant to break the monopoly, promote effective competition, not in the short-term policy control level for the answers. So will the anti-monopoly law law applied to the current real estate market in China’s antitrust work has a very important practical significance.

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