Economics Analysis Of The Anti-monopoly Law

It is well known that antimonopoly law is a foundational law in market economy; it has the function of opposing monopoly, maintaining the normal work of market mechanism, promoting free competition, and enabling the market to play its role of optimizing and distributing resources effectively. In the process of building socialist market economy system of China, the release of "antimonopoly law" symbolizes that the market economy reform in China steps out one important step. In regard of the economic significance, the responsibility undertook by "Antimonopoly Law" is to make up for the market malfunction, while at the same time without destroying the self-adjustment function of market mechanism.Formulation of China's antimonopoly law needs to combine the characteristics of the socialist market economy in China, and take into consideration the gradualness of development. But clarifying the basic theory on monopoly in the western market economy system and the development course and feature of anti-monopoly control is still a more fundamental job. In China, the economic study on anti-monopoly theory still lacks profound discussion, and studying monopoly based on the nature of the market economy system has become the realistic need of the economics field of China to participate in the anti-monopoly practice. Through review of the history of economic thinking and concept of monopoly, we can deeply understand competition theory and the historical development and monopoly theory, and then further understand longitudinally the main thoughts on monopoly and the difference.The 1890 US"Sherman Law" can be said to be an important law that has a material effect to antimonopoly legislation in various countries, and during the implementation process of it, the judicial principles, implementation mechanism and analysis method established in this law implementation process can be borrowed for reference by other countries in antimonopoly legislation and implementation process. In the over one hundred years that followed, the formulation and implementation of antimonopoly policy had been showing the tendency of increasing and expanding. Not only in the countries with developed market economy, such as America, Japan, Canada and each western European countries, the implementation vigor of antimonopoly policy is increasing, but also in the countries with underdeveloped market economy, including countries in the evolving process from planned economy to market economy, antimonopoly law is being formulated and implemented. Analyzing the antimonopoly law and its implementation effect is done from a poly-discipline perspective. The analysis from the aspect of economics has the biggest impact on the formulation and implementation of antimonopoly policy. Since the original purpose of formulating antimonopoly law is to maintain market competition, then for such issues as the specific purpose and goal of antimonopoly policy, the analysis from the viewpoint of economics is most convincing. In fact, analysis from the viewpoint of economics has become the foundation for decision-making in antimonopoly legislation and implementation. For example, America has the most frequent antimonopoly activities, and multitudes of analyses from the viewpoint of economics emerge in the judgment of legal cases. The consideration of economic effect of antimonopoly policy is also common in the antimonopoly legislation and judgment of the EU. Thus analysis from the viewpoint of economics has important guiding significance for the formulation and implementation of antimonopoly policy. However, study shows that: following the development of economics, law economics and antimonopoly economic analysis is continuously developing. The analysis method of law economics is developing from the traditional Chicago school of thought to economic analysis of new system. But the economic analysis of antimonopoly is still mainly the analysis of Chicago school of thought, and many new analyzing methods also emerge. Analyzing from the perspective of economics and antimonopoly, we can get the conclusion that: the monopoly in reality has the possibility of both damaging and promoting economic efficiency. Therefore, the implementation of antimonopoly should also correspondently have double aspects, and if implemented improperly, it will cause inappropriate restriction to economic efficiency.The many concepts and principle in antimonopoly law are closely related to the economic life, and so on the basis of illustrating related economic theory, carrying on an economic analysis to the related antimonopoly law, judicial principle and case in order to evaluate its advantages and disadvantages is more reasonable. By starting from the well-known antimonopoly case and judgment in China, study on antimonopoly law will be easier to be understood. In the construction of antimonopoly law system, China is a successor; it not only needs to establish an antimonopoly entity standard and enforcement principle that is connected to the world, but at the same time it should borrow for reference foreign experience and base on the unique system restriction of China, and establish antimonopoly law implementation system. But all these need to take the scientific economic analysis as the foundation. The economic development situation in various countries is different, and the difference of market mechanism and market economy system is enormous. Similarly, the difference of economic system in some developed countries such as America, Japan and EU countries is also big. Thus, as the tool of economic regulation, antimonopoly policy undertakes difference tasks in these countries. When analyzing related antimonopoly laws and judicial principles by using the economic principle, America and EU will be used as the examples for analysis and correspondently be compared with each other. Through the comparative study, it is discovered that: although economics can provide a general theoretical analysis framework for antimonopoly study, when formulating and implementing the specific policy, the study result will deviate from the result in theoretical analysis. In different countries, the social and economic system is different, and the degree of deviation is different. Accordingly, there are understandings from two levels: first is that there is certain distance from economic analysis to policy formulation, or that the economic analysis has gradual impact on policy, and other non economic ideas is also affecting antimonopoly policy; second is that if economics pays too little attention, antimonopoly policy will deviate from its core goal, and the exertion of its role will also be affected.By summarizing the impact of the above stated economic theories on the current antimonopoly law in China, we can get the conclusion that: considering the special background of transitional economy in China, the center of gravity and the function of antimonopoly should be different from the western countries. The formulation and implementation of antimonopoly law should have a close relationship with the tendency of national economic policy. Although the core goal of economic efficiency has been acknowledged by many legislations, due to different stages or the economic development situation in different countries, the correspondent policy formulation and implementation should also change, or embodied in the concern of other goals, or embodied in the center of gravity of implementation. On one hand, China has similar features with the countries with transitional economy, and in the process of market reform, it should continue to overcome the problems left in the market economy; on the other hand, the reform path China chooses is different from other economic transitional countries, thus China should have its own characteristics in the specific economic form, relationship between the government and enterprise, and state-owned enterprise, etc.In conclusion, implementation of "Antimonopoly Law" is not only the symbolic milestone in our economic life, but also a start of antimonopoly. When cheering for the launch of new law, we really need more effort.