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Some Problems of the general theory of antitrust law

Author: DongBin
Tutor: ZhuangShanYu；ZhuSuiBin
School: Huaqiao University
Course: Economic Law
Keywords: Monopoly Restrict competition Basic Principles Non- economic monopoly
CLC: D922.29
Type: Master's thesis
Year: 2000
Downloads: 265
Quote: 0
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Abstract


Based on the history of antitrust law, basic principles, concepts and non-economic monopoly monopoly of research, made their views, and try to build a framework for a general theory of antitrust laws. The first chapter examines the emergence and development of antitrust law in the process. For social issues, the first approach should be the method of historical investigation to study this issue in the history of how to generate, experienced in the development of what are the main stage, and according to this development it is now to examine how this thing the antitrust research as well. This chapter first presents antitrust division stage of development standards, and accordingly the antitrust division of the world into two stages, namely the pre-modern and modern antitrust antitrust laws. Then, a brief description of national antitrust law to establish its main features and content, and finally draw some recommendations to facilitate the development of China's anti-monopoly law and legal theory. The second chapter discusses the basic principles of antitrust law. Antitrust Antitrust study basic principle is the most basic problem is that the anti-monopoly law, the living soul. At present, the academic study of this issue is still rare, and even this limited study is quite confusing. This chapter first began to explore the most basic concepts, and then view them on the factions assessment, and then put forward this view - the basic principles of antitrust law is to prohibit monopolies, maintain and promote effective competition principles, and finally proposes legislative proposals for develop AML reference. The third chapter explores the concept of monopoly. In the study of antitrust law, monopoly is the most basic concepts, the concept of monopoly analysis process, but also for antitrust theory building process. Both legislative practice and theoretical research, we need to give a clear definition of monopoly. Economics and there is no more unified concept of monopoly, monopoly and monopoly organization often mixed with other nouns, monopolies and cartels to distinguish both have very close ties. Through the provisions of national laws monopoly comparison, this paper proposes: the monopoly of the market economy develops to a certain stage of the product. Monopoly is canceled, restrictions, exclusion and status of various acts of competition, collectively, the act or state undermines the public interest, and thus subject to the antitrust regulation. The section on \Chapter IV discusses the non-economic monopoly. Traditional antitrust regulation is the economic monopoly that is, mainly due to economic reasons which led to the monopoly regime like China in transition countries, due to the illegal and improper administrative power constraints imposed by the exercise, exclude competition is widespread, it also gives antitrust legislation and theoretical research has brought considerable impact. Also in real life, there are also conferred the legal rights and obligations different, leading to different effective competition between market players is restricted problem, we called the legislative monopoly, in order to facilitate the discussion and rigorous concept of classification, the authors The administrative monopoly, monopoly legislation and other non-economic monopoly monopoly situation collectively, they constitute the economic concept of monopoly, the monopoly of the extension, the antitrust regulation should become an object.

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