Research On SMEs Protection In Anti-Monopoly Law

1.Content of This DissertationSince the 1970s, as the Small and Medium Enterprises(SMEs) play an increasingly important role in the national economy of a country, the goverments of many countries have gradually replaced their attitude of neglecting and discriminating the SMEs with support and protection. As a constitutional guarantee, laws are key issues to the protection of SMEs. Among the existing laws, the anti-monopoly laws, also known as "the Magna Charta of market economy", are of particular importance.From the practical point of view, legislation related to the protection of SMEs consists of two levels. The first one is to achieve the protection of SMEs through the anti-monopoly law. In many countries, anti-monopoly law is called the Constitution of Economy, and plays a fundamental role in the maintainance of national economic order. Its purpose is to restrict monopoly, promote competition, protect the right of equal competition of market players. Hence, the protection of SMEs and anti-monopoly law naturally share a united intrinsic value. The second level is to establish specialized regulations for SMEs, so as to improve the competency of SMEs and promote their development from the aspect of technology, load, taxation, procurement, etc.2.Research MethodologyThe research methodology used in this dissertation includes: (1) Economic Analysis. This dissertation adopts relevant economic knowledge to investigate the definition of SMEs and the economic foundation of anti-monopoly law for protecting SMEs. For example, the theory of competition and scale economy are briefly introduced. (2) Historical Analysis. From the historical viewpoint, this dissertation reviews the change of status of SMEs and the development of anti-monopoly laws of the United States and Germany. (3) Comparative Analysis. This dissertation systematically compares the anti-monopoly laws in different countries.3.Structure of This DissertationThis dissertation consists of five chapters, and is mainly concerned with the relationship between anti-monopoly laws and protection of SMEs (i.e., the first level). First, by comparing anti-monopoly laws of different countries, two types of specific regulations in anti-monopoly laws for protecting SMEs are analyzed. After that, the relationship between competition and industrial policies are briefly described. Finally, the current status of the anti-monopoly law of China and the its remaining problems are discussed from the perspective of SMEs protection.