Research On The Legal System Of Co-confined Limit Competition Behavior

Acting as a major manifestation of monopoly, the joint restriction of competition is one of the most important targets of a national regulatory system for the anti-monopoly law. Generally speaking, the joint restriction of competition will bring adverse effects on the competition in the market. Whereas, in some areas, the restriction of competition in the market plays a promotional and protectional role for market competition and public interests of the community. Therefore, the waiver system is often provided by all the countries in the formulation of anti-monopoly legislation, that is, those behaviors which are able to promote competition and protect the interests of the community as a whole will be excluded. Meanwhile, the principle of the law itself is used sternly to deal with the practice which is harmful to the joint restriction of competition and the rest is specifically analyzed by making reasonable use of the principles. In terms of liability, sanctions are often done by means of civil, administrative and criminal in western countries.In this thesis, the methods of linking theory with practice, vertical and horizontal contrast are used to extend the discussion around the basic problems of joint restriction of competition, such as principles of cognizance, principles of the waiver system and legal responsibilities, with the hope of gaining more achievements in regulating joint restriction of competition in Chinese market system.This thesis contains five chapters as follows:In chapter I, the author made a detailed discussion on the basic theory of the joint restriction of competition,and the necessity of regulating the joint restriction of competition .In chapter II, the author analyzed co-confined limit competition behavior's legal system and current defects in our country.In chapter III, the author analyzed the legal theory of co-confined limit competition behavior's legal system.In chapterâ…£,the author introduced anti-monopoly laws and regulations in the United States, Germany, Japan, using horizontal comparison methods, focusing on the principles of cognizance, the waiver system and the legal responsibility with a view to inspire and improve the regulation of the joint restriction of competition in China.In chapterâ…¤, the author put forward some proposals to improve "Anti-Monopoly Law of the People's Republic of China " on the basis of analyzing the defects in China and the experiences d in developed foreign countries on the joint restriction of competition legal system.