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The End Of Antitrust Law

Posted on:2008-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:H M ChenFull Text:PDF
GTID:2166360242977559Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This article wants to discuss the purpose of the antitrust law. The antitrust law is the law which uses to protect competition. But protect competition is not the ultimate purpose, when people have different understandings to the competition; the end of the antitrust law is different. In Western thought tradition, the idea of protects competition come from the idea of protect freedom. Understood liberalism is the key to understand antitrust law.The first cause of China's antitrust law had stipulated the purpose of legislation."Fair play"is not one of the ends of antitrust law;"maintain fair play"is only a pronouncement. The monopoly can cause the efficiency loss; the efficiency is one of the ends of antitrust law. The antitrust law had stipulated"maintains the consumer benefit", but it is inappropriate to make the consumer benefit protection as the end. The antitrust law has not mention to protect the economic freedom, but economic freedom is still one of the ends. Take the public interest as the goal must be carefully; if we can use other policy tools, nerve use competition policy.When efficiency and economic freedom have a conflict, we have to choose one. The efficiency standard has some flaws. But uses the economic freedom not only agrees with our country antitrust law legislation style, but also conform to our country current national condition.
Keywords/Search Tags:antitrust law, end, efficiency, economic freedom
PDF Full Text Request
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