The Protection Of Small And Medium-sized Enterprises In The Perspective Of Antitrust Law

The antitrust law's mission is maintaining the fair competition of the market environment, promote the healthy development of economy. And in the market is weak of small and medium-sized enterprises constitute the basic force competitive market structure. Incumbent anti-monopoly law to undertake the responsibility to protect small and medium-sized enterprises. This paper firstly from two aspects of theory and practice paper analyzes the necessity of antimonopoly law to protect small and medium-sized enterprises and legitimacy. Then with detailed legal items as the starting point, to small and medium enterprises from the universality of antimonopoly law protection provisions and particularity protection sets two aspects of the antimonopoly law to protect small and medium-sized enterprises are discussed and analyzed. Way Based on the experience of foreign legislation antimonopoly law under the definition of vision of small and medium-sized enterprises of small and medium-sized enterprises and protection program sets entities and put forward some improvement Suggestions. By constantly perfect view of China's antitrust law, can more fully effective work, for small and medium-sized enterprises creation fair free market competition environment. This paper is divided into four parts.First part:the antimonopoly law protection reasons analysis of small and medium-sized enterprises. This section from the realistic basis and theoretical basis for antimonopoly law protection two aspects of smes analyzed the necessity and legitimacy. Actual basis, this section first quarter mainly analyzes the present situation of the development of smes to small and medium-sized enterprises and the monopoly serious harm. Theoretical basis, this part of the second quarter in-depth analysis of the anti-monopoly law to protect small and medium-sized enterprise with the effective competition theory and the theory of barriers to entry requirement, also agreed the legal value antimonopoly law itself.Part two:the antimonopoly law protection normal analysis of small and medium-sized enterprises. This part of the specific provisions by combining antitrust law of anti-monopoly law, the specific way to protect small and medium-sized enterprises to analyze. This part of the first quarter, analyzed and discussed in detail antimonopoly law through various kinds of illegal monopoly, ban for small and medium-sized enterprises to create a fair competitive environment. Plus the anti-monopoly law, these provisions relief system for small and medium-sized enterprises can be summarized as the universality of protection regulations. This section discusses deeply antimonopoly law in the second quarter of middle and small enterprises suitable exception system. This system embodies the particularity of antimonopoly law to protect small and medium-sized enterprises.Part three:antimonopoly law for small and medium-sized enterprises abroad experience in legislation and enlightenment to protect. This section lists and analyzes the United States, Japan and Germany antitrust legislation to protect small and medium-sized enterprises in the legal provisions, and learn the mature legislative experience, summed up Chinese anti-monopoly enlightenment.Part four:perfect for small and medium-sized enterprises of antimonopoly law protecting suggestion. This part from foreign advanced experience in legislation mainly, from the perspective of small and medium-sized enterprises antimonopoly law defines problems of small and medium-sized enterprises, the antitrust protection entities content and anti-monopoly law to protect small and medium-sized enterprise procedures in three aspects, the defects of put forward some corresponding Suggestions.