Protecting Consumer Is The Core Goal Of Competition Law

Competition law is the core of modern economic law, and it safeguards the functions of market economy. The goals of the competition law are meaningful when the law is administered, because they can guide the implementing effect of the law so as to achieve the functions of competition policy which were anticipated before. During the process of Chinese competition law administering, administrators don't scan the goals overall and always apply the law by rote. It makes impossible to maximize of society benefits, which are brought by law administering. So, the only way of consummating our competition law is to establishment the core goal of the law, which guides our competition law practice.The writer discusses the core goals of the competition law by examining the history and the theory of competition law of some countries', adopting the method of criterion-analysis, history-analysis, compare-analysis and economy-analysis. The writer argues that the goals of competition law have the characters of variability, phases, multiplicity and conflicts, which determines that the administrators and judges must choose some goals to guide the competition law practices according to the needs of economy, society and politics. If one goal is always chose in a long time, it means that the goal is regarded as the core goal of competition law. In the long history of American competition law, protect-consumer, the core goal of law, was built up firstly in the world, and then the mode of competition law that was dominated by consumer interests was also built up. In other countries, the goal, protect-consumer, is also recognized and affirmed. The consumer-interests- dominate-mode of competition law delegates the direction of the development of the law. The choice of the protect-consumer goal seems subjective, but objective and inevitable in fact. The essence of competition law and the needs of society, economy and politics determine protect-consumer goal to be the core goal. It is true that only regarding protect-consumer as the core goal of the competition law that can resolve the problem of consumer, exert the function of the market, and answer the ultimate question of competition law. The competition law including antitrust law and anti-unfair competition law implements the core goal of competition law by regulating the anti-competition action. At the same time, the theory of the core goal of competition law include that the essence of the competition law determines that the efficient enforcement of the law must rely on consumer, and that protect-consumer can promote the function of consumer to maintain the system of the market. Being the people of socialistic country, consumers have the power to maintain the system of market, but the development of the market economy aggravates the phenomena of consumer being infracted. So when the competition law maintains the system of the market, it can protect consumer, affirm the power the consumer's, encourage the consumer to maintain the market system by inspiritment-mechanism, and to build up the mode of Chinese competition law dominated by consumer interests. This paper includes four parts:Chapterâ…  studies the define and characters of the competition law, especially the characters of multiplicity and conflict. It mainly analyzes the contents of the goals, the inevitability of the conflicts of the goals, and characters of the core goal.Chapter â…¡ studies the competition law of other countries, clarifies the important status and functions of the competition law, and sums up the development direction of law.Chapter â…¢ firstly studies the possibilities and inevitabilities of building up the protect-consumer goal as the core goal, expatiates the relationships between the protect-consumer goal and consumer problems, the basic function of market, and the ultimate problem of the competition law. This chapter secondly demonstrates the functions of the protect-consumer goal to promote the implementing of the law.Chapter â…£ studies the core goal of our competition law. It analyz...