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Study On Origin Of European Community Competition Law

Posted on:2009-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiFull Text:PDF
GTID:2166360272458329Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the ending of World War II, the competition legal system has rapidly developed in the world. Whether the market economy developed countries and developing countries, and even the traditional planned economy countries have enacted laws and regulations to safeguard competition in the domestic economy, to enhance consumer welfare, and to promote economic development or regional economic interests. European Community Competition Law(EC Competition Law ) due to the implementation for a longer time, the abundant theoretical results and practical experience , with Europe itself in the center of the world economic system, is becoming the one of the most influential competition law except the United States'. It caused extensive research by other countries and become the main imitation when enacting a competition law in their countries.After the early 1990s, Chinese scholars began to research work on EC Competition Law , and made a lot of achievements. Many of the current study is still at the preliminary stage, most study focus on the legal foundation provision translation and simple piecemeal introduction of the theory, but it neglect theoretical analysis and background notes. Through the existing systems of thr developed countries to construct the rules of the competition system, it can indeed provide us a beautiful picture about Chinese competition law in technical effect .We should not ignore the live source of the legal system dependenting on the political and economic conditions, state system, legal sense, historical traditions, national characteristics and habits, geographical environment, and domestic political forces behind the provisions .It makes us not to well absorpt and transform his country's legal system through the comparison between China's national conditions and the other countries ' and not to achieve new progress.For these reasons, this paper is designed in the aspects of the political, economic and theorical development to mine EC Competition Law how to be shaped .The Objective is that we enhance the awareness of the EC competition and make reference when EC Competition Law can be choosed.The article is divided into four chapters. The first chapter content is about political factors of impacting EC Competition Law formation,including Europe internal and external political aspects of the environment. Chapterâ…¡is on the economic environment. Specifically, the following three aspects: First, widespread market economy pattern in Europe is the foundation of EC Competition Law . for the second, the needness of breaking economic barriers among the member countries promote the implementation of EC Competition Law . Third, the new situation of economic globalization promote EC Competition Law to change.The third chapter is about liberalism and ordo-liberalism.they are the most important theories of EC Competition LawChapterâ…£of the interpretation of EC Competition Law have a significant impact on the law. Specifically chosen Germany and the United States to explain the law.The porpure of this paper is to really verify EC Competition Law spirit and basic principles through the origin and development, and to well make reference from it.
Keywords/Search Tags:EC Competition Law, ordo-liberalism, economic globalization, Competition Law
PDF Full Text Request
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