The Research On Anti-monopoly In The Process Of Market Price Making

Among various monopoly behavior forms of the market price's constitution, price monopoly is the most direct and serious one. Because the price has great effect on the market economy, there are very strict regulation on price monopoly all over the world, both the Legislation and judiciary of Anti-monopoly. There are following three aspects of monopoly problems during market price making: collaborative price making by enterprises, price making abusing dominant position, and price making under the administration monopoly. From the academic and practice view, in order to supervise the price monopoly behavior effectively, we should exert legal analysis method and economic analysis method synthetically.Specifically, as the starting point of dynamic development: market of perfect competition→market of monopolistic competition→market of oligopoly→market of complete monopoly, we should check the developing relationship of market structures on the effect of the price, combine with the cost, market supply and demand situation, build a comprehensive method and step which can analyze the price monopoly behavior Firstly, we should judge whether an act is belong to price monopolistic behavior. During the process, not only we need to determine whether there is a fixed or price-fixing behavior, but also we need to analyze the rationality of the price making. Secondly, it's necessary to stimulate what kind of price monopolistic behavior it is. On one hand, by analyzing price monopoly enterprises'legal character and the monopoly power source, it can distinguish the administrative and economic price monopoly; on the other hand, by confirming the prosecutor's amount and combining with the cost, market supply and demand situation, it can judge what the act is: price cartel, resale price maintenance, excessive pricing, price discrimination or predatory pricing. Finally, it exerts the provision of anti-monopoly law to regulate price monopolistic behavior. The regulations of different countries on the legislation of price monopoly are quite different, and the USA and European Communities are the most typical. Although the"Anti-monopoly Law"of China has been passed, its legislation is still not enough, as it is still colliding with"Price Law"and"Law against competition by inappropriate means"etc. It should be bettering during the practices. Therefore, by comparing with the rules and regulations on price monopoly of other countries, and learning from other countries, we can complete and better our legislation of anti-monopoly.