Research on Reporting System in the Enforcement Mechanism of Competition Law in China
Available Online May 2019.
- https://doi.org/10.2991/icmete-19.2019.19How to use a DOI?
- Competition Law; Private reporting; Private enforcement
- Reporting is the right that the Competition Law grants to private entity to participate in law enforcement. However, due to ineffective enforcement practice of China’s Competition Law, there is no provision on the legal status of whistleblower, the substantive rights he enjoys, and the anti-monopoly investigation and litigation procedures. This problem should be solved by clarifying the reporting right of entity through the legal system, establishing the emergency protection system for the safety of the whistleblower, and clearly implementing the reporting reward system. By analyzing the advantages of the reporting system in the enforcement of the Competition Law, this paper solves the problem of information asymmetry between state organs and market entities, helps improve the efficiency of social supervision. It is also a way for citizens to exercise the right of inspection and supervision granted by the Constitution. The reporting system is based more on the law enforcement actions of public enforcement agencies after reporting by private subjects. Only the organic combination of the two can achieve the social goals of the Competition Law.
- Open Access
- This is an open access article distributed under the CC BY-NC license.
Cite this article
TY - CONF AU - Mingxin Huang PY - 2019/05 DA - 2019/05 TI - Research on Reporting System in the Enforcement Mechanism of Competition Law in China PB - Atlantis Press SP - 81 EP - 84 SN - 2352-5428 UR - https://doi.org/10.2991/icmete-19.2019.19 DO - https://doi.org/10.2991/icmete-19.2019.19 ID - Huang2019/05 ER -