Antitrust-The Evolution Of Western Society And Practice In China

By researching and reviewing the evolution of Western Antitrust, this paper attempts to find out the routes and mechanism of it and provide a reference for the enforcement of the antitrust in our country. This paper in particular studies the interaction of economics and law stemmed from the most remarkable phenomenon—the penetration of economics on law, law on the use of economics. Several "interactive" phenomenon and the law are concluded, which are called interactive mechanism. Those include the establishment of the economic efficiency as the core of the antitrust, the transformation of the judicial rules from self-violation to reasonable ones, the transition of the adjustment of antitrust method from structuralism to behaviorism, the importance of both static efficiency and dynamic efficiency, the dynamic equilibrium between free competition and public intervention.In the process of this evolution, the first was the rise and prosperity of Harvard School which was against monopoly, followed by Chicago school of liberalism; so far post Chicago School has challenged the Chicago School. When these popular schools debate and evaluate, the judicial practice of antitrust and enforcement activities are constantly evolving and updated. Years ago, people had to admit that these changes were mainly from the renewed economic theories. In fact, it is the support of economics that enables the judge to handle various antitrust lawsuits rightfully. Antitrust law is different from laws of other departments, even different from other economic laws. The strong economic attribute of the adjusted subject decides the uncertainty. Economic analysis is needed to find out the facts; even some basic terms must also be elaborated by economics. The force and authority of law are truly demonstrated in the economic analysis of antitrust. Therefore, in the practice of antitrust, antitrust law and economics are interactive, not unidirectional. This is a key point of view in this dissertation. This interaction is proved repeatedly by the antitrust practice in Western society. The progress of civilization is full of sweat and tears, and the history of the evolution of antitrust not only provides us experience, but also lessons. Knowing this is undoubtedly significant for the new-born Antitrust Law of China and its enforcement activities. As China's economy is still in the time of transition, a sound market economy is to be established and all kinds of powers have great influence to the economy. The phenomenon of interaction between power and economic forces and penetration intertwined are the main features of monopoly. Faced with this featured monopoly antitrust law is expected to be able to take the important responsibility, therefore, we should be inspired and learn from the Western evolution of antitrust.By researching Western antitrust evolution, and combined with China's reality, this paper presents the general idea of antitrust in our country that enforcement of China's antitrust law needs to different between economic monopoly and administrative monopoly. For pure economic monopoly, we should take the mature experience and theory of western antitrust for reference and conduct economic analysis deeply to avoid the purely judicial thinking and misjudge the case, that is the so-called "false positive error " And "false negative error" in the West. Economic analysis is the best way to avoid such errors, which has been proven by practice in the West. For administrative monopoly, we should classify the levels and deal with various administrative abuse of power.The author terms enterprise monopoly, which is supported by the administrative power, the administrative monopoly. This kind of monopoly is the most important and difficult ones we fight against in our country. Although the content and types of administrative monopoly remain controversial, this dissertation insists that administrative monopoly must be resolutely eliminated, but the elimination of administrative monopoly must be dealt comprehensively, in particular by deepening the reform of enterprises monopoly to eliminate administrative roots.The enforcement of Antitrust Law, which is called a weapon, depends on the user. We don't want to see that those who have a strong background of monopoly seize the weapon and point at the competitors who have no defense power. And the antitrust law makes the monopoly intact while the weak killed unscrupulously. Such a market is the worst of the market, because competition has been replaced by the power. If the socialist market economy is be able to achieve healthy development, we must be alert to this and do not let the abuse of power distorts the forward movement of socialist market economy.