On The Anti-monopoly Law

Modern anti-monopoly law, ever since the emergence of Sherman Act of America in 1890, has undergone the development of more than one hundred years. Several major nations implementing market-economy such as the U. S., Germany, and Japan, etc. have all established perfect legal system of anti-monopoly. As "Constitution of Economy", the anti-monopoly law plays a very important role in the establishment of free, fair and effective competitive system, and in the coordinated and orderly development of national economy of those countries implementing market economy mentioned above.In China, the economics circle and jurisprudential circle began to pay close attention to the issue of anti-monopoly legislation since the establishment of implementing the socialist market economic system in 1993. At present, the anti-monopoly law has become the hot spot of the jurisprudential research. However, we must notice that, although some of the scholars published several academic treatises and monographs of fair quality on anti-monopoly, very rare are the academic treatises which can study the basic theories and systematic structure of anti-monopoly laws all-sidedly and systematically, and which can, closely integrated with the practical situation of China, further bring forward a whole set of anti-monopoly legislative proposals conforming to the situation of China. While in actual economic life, economic monopolistic conduct and administrative monopolistic conduct are becoming prevalent increasingly and seriously. The anti-monopoly legislation has been placed on the agenda by the Central Economic Legislation Conference of 2000. In view of this, I, the author, beyond my own ability, adopting many research approaches such as historical review, comparative analysis, logic analysis, economic analysis, social investigations, and integration of theories with practice, carry out relatively thorough, systematic and integrated study and discussion on the basic theories and systems of anti-monopoly laws. Also I, closely integrated with the practical situation of China, put forward many legislative proposals for the anti-monopoly legislation of China in order to make my pygmy effort for the anti-monopoly legislation of China. The paper is divided into eight chapters. Together with the preface and conclusion, it has approximately 180,000 words. The main contents of the text are as follows: In Chapter 1, the author observes and discusses successively the concept, nature, characteristics, status and value of the anti-monopoly law. Firstly, the author, proceeding from the signification of monopoly, analyses and defines the anti-monopoly law, and holds that monopoly can be classified into legal monopoly and illegal monopoly. The monopoly that the anti-monopoly law wants to challenge and prohibit is the illegal monopoly which leads to social harmfulness and which should be punished. As to the legal monopoly, it should not be prohibited. On the contrary, it should be protected by law. Secondly, the author thinks that anti-monopoly law is a typical method that the country uses to intervene the economy. It belongs to economic law in nature, and its main characteristics are the intervention of the country, selfish departmentalism of the overall interest, economic policy, comprehensiveness of regulative measures and the integration of the substantive laws and procedural laws, etc. As to the status of the anti-monopoly law, it is termed "economic constitution" in foreign countries, and it is the basic law of the market economy such as the U. S., Germany, and Japan, etc. In China, it is an important constituent part of economic law. As to the value of the anti-monopoly law, the author thinks that it is the system of value formed by the free, fair, efficient and effective competitive system and structure.In Chapter 2, the author observes and studies successively the historic evolution of the anti-monopoly laws of some of the major countries and districts implementing market economy in the world, especially the historic evolution of anti-monopol...