The Regulation Of Anti-monopoly Law On Restrictive Business Practices

Restrictive Business Practices are becoming prevalent in both international trade and domestic trade in the aspects of technology trade and general goods, these practices are ofter in two forms: abuse of dominant market position and jointly limit the competition( monopoly Agreements). Restrictive Business Practices limit the free competition and the free trade, impede the self-administered operation and development of the weak parties, sabotage the order of the market economy, especially in the technology trade with multiple forms.The providers of the technology impose iirational conditions which are prohibited by the law on the recipients to limit or exclude competition for the purpose of preserve dominant position or monopoly position in the technical fields.The characteristic of the anti-monopoly law is the to analyze the restrictive business practices by means of analyzing the market-based factors, so that these kinds of practices are effective regulated by the anti-monopoly law.The developed countries and districts such as the United States and the European Union, have developed perfect systems to regulate the restrictive business practices with the anti-monopoly law as the basis, on the other hand, China as a developing country is just getting started. The Anti-monopoly Law of the People's Republic of China is effective as of August 1, 2008,and four Implementing Regulations are promulgated in December,2010 by the National Development and Reform Commission (DNRC) and State Administration of Industry and Commerce(SAIC),which particularize the implementment of the Anti-monopoly Law.So it is necessary for us to research on the construction of the system with the anti-monopoly law as the basis to regulate the restrictive business practices.This thesis is composed with four parts.The chief aim of this thesis is to establish the analysis systems to regulate restrictive business practices .Chapter one introduces the definition of restrictive business practices and their features.These practices can be classified into two forms, abuse of dominant market position and jointly limit the competition( monopoly Agreements).There are differance and similarity in the two kinds of forms.Chapter two discusses the analysis modes and principles of Anti-monopoly Law.First ,the article stuties the law enforcement agencies in different countries and districts,which are quite connected with the anti-monopoly analysis modes.In China and the European Union ,the administrative organs play an important role, in the United States, it is the judicial organ lead the procedures with the assistance of the administrative organs.Charpter three studies the essential conditions of the two forms respectively. There three essential conditions: the actors,the behavier and the damage,with all the conditions, the practices are these regulated by the anti-munopoly law. The dominant position,the relevent market and the influence on the competitors are key elements.Charpter four analyzes principles and procedures of the immunity of these practices mainly in the United States and Japan.China has not established such immunty system, the author proposes the the construction of system to exert immunty.