중국 반독점법 초안의 문제점과 입법 필요성에 관한 연구

The Chinese government partially enacted and implemented various kinds of economic-related acts like anti-unfair-competition act and anti-unfair-price act. However, executive agencies are dispersed, and the contents of these acts are not distinct in that these acts are not enough to control unfair business affairs of the state-owned firms or multi-national corporations. As the Chinese markets become widely open with China's membership to WTO, there is a serious concern that the government may lose its control power over the market. And it rushes to enact the anti-monopoly act.Enactment of the Anti-Monopoly Act is a rational way for the optimal distribution of resources in the capitalized market mechanism and the legal system for the control of the market function. However, enactment of anti-monopoly threat, at the same time, gives opportunities to the domestic companies as well as multi-national corporations. In my article, I investigate issues on needs and problems of enactment of the Chinese Anti-Monopoly Act. The primary issue of the enactment is the problem of an administrative monopoly which has been done customarily by central and regional governments of China. The Anti-Monopoly Act is not effective to stop prevalent the administrative monopoly in China. If serious amendments have been implemented to the administrative monopoly, problems affected by these amendments may remain as main factors which hinder economic development of China.