On Enterprise-Combining And Counter-Monopoly Rule

Counter-monopoly law is called in US"big charter of the free enterprise", in Germany"economic constitution", in Japan"the core of economy law". It is indispensable to the western countries employing market economy regardless of being of counter-competition law. The most important one of tasks continuously concerned by counter-monopoly law is enterprise-combining rule. Study and research of enterprise-combining and counter-monopoly rule on the point of public appearing of counter-monopoly law in China will undoubtedly give important practical significance to economic development and improvement of rule by law. Consequently, the author not only thoroughly discusses the combination of Chinese reality and basic theories, study of comparative law, essence and maintenance standard of enterprise-combining and counter-monopoly rule and tentative idea of legislation of Chinese counter-monopoly rule, but also puts forward some tentative ideas and opinions on enterprise-combining and counter-monopoly rule.This paper contains five parts. In the first part, the author makes clear a certain number of notions of basic theories of enterprise-combining and counter-monopoly rule and elaborates his comprehension of these notions. In the second part, by comparing the practice with the legislation in the western developed countries, the author provides legislation bases for enterprise-combining and counter-monopoly law. The legislative bases are as follows: the first, enterprise-combining and counter-monopoly rule should accord with the reality of one's own country; the second, the legislation of enterprise-combining rule gives closer contact to social economic developing level at that time and changes of times than traditional laws such as civil law, criminal law and constitution; the third, enterprise-combining and counter-monopoly rule and law should be means of economic analysis. In the third part, the author puts forward the theory of competition tort, which is regarded as the essence of enterprise-combining and counter-monopoly rule, namely, enterprise-combining and counter-monopoly rule is needed precisely because of avoiding the happening of competition tort. In the fourth part, combining with Chinese reality and directed by legislative bases and essence theory of enterprise-combining and counter-monopoly rule, the author analyzes the maintenance standard of enterprise-combining and counter-monopoly rule. In the fifth part, the author gives specific consideration for the legislation of Chinese enterprise-combining and counter-monopoly rule.