The Nature and Implementation Structure of Common Authority of Anti-monopoly under the Unified National Market
In order to build a unified national market,China's anti-monopoly law has in the past defined anti-mo-nopoly enforcement as a matter for which the central government is responsible.However,under the goal of accelerating the construction of a unified national market in recent years,the State Administration of Market Supervision has delegated and entrusted enforcement powers to provincial market supervision authorities,thus creating two-tier centralised law enforcement structure at the de facto level.This decentralised enforcement model is in line with the history of the EU's decentralised enforcement reforms and the enforcement character-istics of the US"antitrust federalism".Based on the knowledge of past enforcement effects and the inspiration of extra-territorial experience,the unity of enforcement standards cannot be pursued through the path of ex ante restriction of power,but rather the ex post regulatory mechanism of unified standards should be con-structed on the basis of full enforcement.Therefore,the two-tier enforcement structure should be seen as a turning point in anti-monopoly affairs from central responsibilities to common authority.In addition,there is need to build an implementation structure that matches the common authority,including policy steering for central government's enforcement,space for local enforcement,and communication and coordination mecha-nism for the harmonisation of enforcement standards at the central and local levels.
Central-local RelationAdministrative AuthorizationUnified National MarketMulti-lev-el GovernanceLaw Enforcement System
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