Research On Antitrust Law Tenet

Although the tenet of Antitrust law is clear in legal text of written law country, it is a complex question different people with different views in the theory study and practice operation. There is a great disputation on Antitrust law tenet in economic and law circle, no matter in the theory or practice. All the views can be classified into three categories, namely the monism, the pluralism and the ultimate objective. The theory is higher than the practice, but the former finally must return to the latter and is examined by the latter. In order to solve the disputation on the tenet of Antitrust law, a necessary choice is to review the legislation in the world. The legislation and enforcement demonstrates that the tenet of Antitrust law belonges to the pluralism. Because of the difference among these countries or the related areas, their tenets of Antitrust law are different. However, base on the review about tenet of countries and further analysis on theirs systems, we can conclude that the objective of Antitrust law embraces at least these content as follow, namely maintaining competition,promoting economic efficiency and protecting consumer. The pluralism is the need of social development and it plays an important part in the balance of society. But there are always conflicts among those objectives, for example, between maintaining competition and promoting economic efficiency,economic democracy and maintaining competition. In order to guarantee the Antimonopoly-law's effective implementation and society's steady development, how to coordinate those conflicts among the objectives is a question which must be solved in the theory and practice. Because the conflicts in the world are diverse and different countries adopt different methods, there is not a multi-purpose Solution mechanism. According to the operation of developed countries and areas, they often obey two principles, namely the tool goal subordinate to the result goal,the result goal multiplicity and fit with time. The Antitrust law tenet is also a argued greatly issue in the process of making draft in our country this lead to a lot of substantial changes on the correspondence content in draft. On the view of the changing draft, the legislator's understanding tends to rational and scientific. We held that, according to our country national condition, the tenet of Antimonopoly-law should be maintaining competition,promoting economic efficiency,protecting consumer and the public interest. Such goal combination not only substantively organically contain free competition,effective competition and fair competition, but it is clear and easy to understand. It provides a very high degree safeguard for the effective implementation of the counter- monopoly law. It could promote our market to develop more healthfully.