Research On Monopoly's Ldentification In Antitrust Law

Antitrust issue is a both domestic and international hotspot, and the monopoly抯 identification is definitely?the core of the problem. This dissert intends to clarify many states?attitudes towards it in legislation and judicatory, to explain how to evaluate and identify monopoly in law, and to discuss how to deal with the problem in our China抯 legislation.There are altogether four parts in this dissert. The first part concerns monopoly抯 identification in logic. This process begins from monopoly抯 history, then defines monopoly in economics and law, then appraises it from the point of economics, law and politics. In general, monopoly should be objected and struck in society, and the identification of monopoly is a comprehensive process which integrates many parties?interests and opinions.The second part specializes and analyzes the monopolies which are regulated in many states in detail. To sum up, I抎 like to divide the monopolies into monopoly power, monopoly power抯 abuse, merger and horizontal restriction. Among them, the latter three species are the common objects regulated by many states, however the first one is only objected by a few states. There are various kinds of monopolies and it is to some extent difficult to identity them, so it is more important to analyze them in experience and practice than only recapitulate them in theory.The third part is based on the present international legal documents. it unscrambles and researches monopoly抯 identification in the international consolidate legislation, and expects the foreground of the international antitrust code. It抯 mostly possible to achieve the international legislation of antitrust in the frame of WTQ, but it can抰 be carried out in short terms because of many obstacles. Even if it抯 enacted, we can抰 be too optimistic to its extends. At present, the regulation to international monopolies still has to depend on domestic laws.The last part, using many states?laws tor reference, researches on the enactment of China抯 antitrust law and the specific problems of identification of monopoly in present circumstances. I consider that there exists many serious monopolies, and administrative monopoly is the most severe among them. So it抯 very essential to regulate such monopolies and those maybe emerge in the future. As for the special problems of monopoly抯 identification, it needs to be carefully researched. Generally speaking, the objects of antitrust law should include monopoly structure and monopoly behaviors. It should be characterized as advanced, complete and practicable. I give a detailed discussion on it. and hope it would he helpful to our state抯 legislation on antitrust.Uuang Zhihu( International Law)Directed by Pro. Chen Lihu...