On Anti-monopoly Regulation Relating To Behavior Of Joint Venture

Nowadays, with the development of economic globalization, the collaboration between corporations is becoming more and more frequent. Establishing joint venture is a reliable way to increase its competence. The anti-monopoly problem in joint venture comes into being. In the present day, more and more attentions have been paid to the anti-monopoly of joint venture because of its particularity. It is necessary to regulate the establishment of joint ventures.Traditional economics merely treated joint venture as an economic unit which can transform inputs into outputs. New institutional economics' contribution is that we can treat joint venture as an intermediate form to study. Civil and commercial law focuses on the rights and obligations of corporations in the market. Anti-monopoly law dilutes the legal form of joint venture. It focuses on the behavior of joint venture.The behavior of joint venture can accelerate the speed of entering new markets and developing new technologies, spread risk and cut the cost.It also has negative consequences of restricting competition. Joint venture would be the regulating excuse among various enterprises. In order to reap personal gains, the controlled enterprises combine each other under the pretext of establishing a joint venture. In fact, the real sense of joint venture does not exist. The joint venture established by controlled enterprises is only a cover of restricting competition.The behavior of joint venture has the tendency to restrict competition. It is necessary to regulate the behavior of joint venture by anti-monopoly law.The European Union has the tradition of statute law. So in the process of regulating the behavior of joint venture, it follows this traditional. The Unite States is a case law country. It focuses on the substance of transaction and does not focus on the form of joint ventures. We can introduce the European Union and the United States' system and concepts to instruct our anti-monopoly legislation and practice activities.We should establish the basic principles before analyzing the anti-monopoly regulation to the behavior of joint venture. We should learn western countries' successful experiences, especially the European Union and the United States'.We can learn the European Union's legislative models. This is consistent with the spirit of our tradition which pursues the legal certainty. At the same time, we should learn the United States'classification of variety behavior of joint venture. It takes the legislative approach by summarized and listed co-existence. This is harmonized with the characterized policy of anti-monopoly.The Ministry of Commerce, the State Administration of Commerce and Industry, the National Development and Reform Commission has developed a number of anti-monopoly regulations since the implementation of anti-monopoly law in august 1, 2008. It is no doubt that these measures can enhance the transparency of anti-monopoly law. And it also can enhance the operability and practicality of anti-monopoly law. These also provide legal basis for regulating behavior of joint venture. However, we should develop more practical separate regulations and guidelines according to our characteristics and successful experiences of developed countries.