American Case Inspiration Of The Technical Problems Of China's Anti-monopoly Law Enforcement

"The anti-monopoly law" was issued in August 1, 2008. However, looking back national anti-monopoly law enforcement history, complex antitrust cases, not just rely on an "anti-monopoly law" can be solved Anti-monopoly law enforcement process, not only to specific cases incorporated into the relevant legal provisions, following the application of rules of syllogism type conclusion, but rather an integrated law enforcement use of economics, law, sociology of knowledge, combined with case their own situation, the qualitative and quantitative analysis to make determination. This one involves a lot of technical issues. For example, in the antitrust case to be heard, the "relevant market" should be defined according to criteria in order to balance between efficiency and equity. Sad to say on a particular case, in the end is the application of "per se rule" or "rule of reason" were found. These "technical issues", "anti-monopoly law" is not clear that this combination of conditions need our legislators, the advanced experience of other countries for reference, based on the operation of these technical issues, a summary and generalization, as soon as possible to develop corresponding The "Guide" for China's anti-monopoly law enforcement to make more specific instructions.This paper is divided into five partsThe First part is introduction, explain the purpose and significance of this studyThe second part of the monopoly of the production, classification, and antitrust regulations against specific targets, as well as our anti-monopoly law enforcement challenges.The third part of the application of deductive approach on the U.S. "relevant market" Theory of the development process, the theory of its own characteristics and application objects, as well as between different theoretical relationship between the inheritance and development, for each theory with the relevant The classic case, further explained the theory of the historical background and scope of applicationPart IV describes the method by comparing the "per se rule" and the "rule of reason" in the monopoly on this issue identified the scope of their own, combined with the U.S. antitrust case in history to introduce their own development course and scope of changes.Fifth part is the point of the eye, combined with the former four-part course of development of American Antitrust Laws related to "technical issues" description and analysis, combined with the Anti-monopoly Law Enforcement challenges, summed up the four-point proposal . Among them, for phased implementation of national conditions "relevant market" Theory and the division of administrative monopoly to apply the "per se rule" category, is the author's creative achievements.