The Special Measures Taken During Administrative Monopoly Investigation in China

Abstract

China’s market economy is based on state power guidance, so the administrative agencies may abuse their public power excluding or restricting market competitions that cause administrative monopoly. The special investigative measures should be taken in administrative monopoly investigation on account of its public power background. Mandatory interview with executive officers and mandatory reporting of the administrative agencies are the mainly special measures during those investigative procedures, while on-site investigations need to be avoided. Unlike ordinary measures, these two special measures are mandatory which means if the investigating authority or its chief executive rejected report or interview who will be admonished by his superior even punished by crime of dereliction. Recently the Chinese People’s Congress Standing Committee is studying how to revise the antitrust law, we suggest to add those special mandatory measures in the future Chinese Antitrust law.

Keywords: Investigation, Measures, Administrative Monopoly, Antitrust Law