Court–Government Interaction in the Context of Administrative Litigation and Competition Enforcement in China

Abstract

Abstract: Widespread court–government interaction over the past 15 years challenges the conventional view that such interaction should be banned in the context of administrative litigation. Indeed, underpinning institutions enable courts and governments to coordinate and cooperate in law enforcement. In addition, first-hand litigation materials demonstrate that court–government interaction has yielded some benefits regarding law enforcement. To alleviate judicial unfairness and to realise an outcome whereby the pros outweigh the cons, ex parte communication should be prohibited, while other forms of court–government interaction should be maintained. Drawing on the lessons from court–government interaction in the context of administrative litigation in general, this article suggests that benign interaction between courts and competition agencies could enhance competition enforcement. The author deduces from the findings that China follows its own path on the rule of law, which exhibits its own characteristics.