| This text sets about from the meaning of new and high technology and industry, current situation of the development, have expounded like other industries, there is a situation that enterprises limit the competition in this industry, too. To this kind of situation, reality has put forward two questions, is the antimonopoly law applicable to this industry? If it is suitable, antimonopoly law should apply to what extent as it does, especially to those enterprises whose product and service come to maintain mainly by intellectual property right? This text thinks tentatively to go on to the first question at first partially. This text thinks, the antimonopoly law should apply to the new high-tech industry, but, some slight problems need adjusting while the antimonopoly law implements, so that they suit for special circumstances of new high-tech industry better. These questions, this text sums up for six respects of the technological issues, pace of change of development of the market enterprise cooperation, entry barrier, the influence of the output and price and network effects. Because the antimonopoly laws of various countries are usually made of three most basic respects, forbidding jointly limiting the competition system, abusing the position of arranging of market and controlling of system of combining of enterprises. This text analyze forbidding jointly restraining competition system , abusing market status of arranging and controlling enterprise system of combining in new high-tech industry in the second, third, the fourth part separately , which has answered the second question. The ones that forbidding jointly limiting the competition system in the field of new high-tech industry are suitable, reflect it in the structure to the restricted agreement in the new technology of cooperative research and development mainly. In this part, this text translates regulation and the national joint study of U.S.A. and production bill No. 2659/2000 of introducing European Union, through these two laws, we can find out, it was a kind of comparatively tolerant attitude that European Union and U.S.A. took the restricted agreement while studying and developing. Then, this text has carried onanti-monopoly analysis to the restricted agreement in cooperative research and development. This text thinks, the antimonopoly law of one country, while applying to the new high-tech industry, must consider the economic policy of its country, especially the industrial policy among them, define relevant product markets and relevant geographical markets rationally, and exempt the legal restricted agreement. The ones that forbidding abuse market status of arranging among new high-tech industry field are suitable, reflect it in innovating the structure monopolized to cooperative research and development mainly. In part this, this text practise to study through European Union and law enforcement (include administration of justice ) of U.S.A. separately and anti-monopoly monopolized to analyze innovating in developing, this text think, it accords with to cooperative research and development structure monopolized to innovate world anti-monopoly enforce the law the trend to take the attitude of relenting. As the typical example of innovating monopolized, this text has been analyzed further to the network effects, and has carried on research to the network effects. The ones that controlled the system of combining of enterprises in the field of new high-tech industry are suitable, reflect it to the structure that the innovative market amalgamates in the new technology of cooperative research and development mainly. In this part, this text has defined the innovative market at first, then, this text has amalgamated with innovative market while developing and carried on anti-monopoly analysis to joint study. Through the analysis of" antitrust guide that the intellectual property right permits " and " antitrust guide conspired about the competitors " to U.S.A., this text think, it may produce or strengthen market monopolization strength to amalgamate, promote enforcement, market monopolization of strength, however, if amalgamate and control innovation , may influence the going on of innovation . So, it is necessary to amalgamate and establish the antitrust safety zone for the legal innovative market. In the fifth part, this text is to image the antitrust legislative discussion in the field of new high-tech industry of our country. In this part, the analysis on our country's current relevant legislation at first of this text, this text thinks, our country current system perfect. The existentanti-monopoly of new high-tech industry legislation is simple, a lot of fields are also stored in the legislative blank, and it is so scattered that the anti-monopoly of the existing new high-tech industry of our country legislates, and not systematic. Then, this text legislates to carry on the basic idea to the anti-monopoly of the new high-tech industry of our country. This text think our country antitrust regulation make restriction behavior of competition of new high-tech industry in the future, should come to consider from two respects of the procedure law and substantive law . From the point of view of procedure law, three questions need considering, namely introduce experts and participate in the hearing system of handling the system and new and high technology case of the case , implement single times of compensation for damage system to restriction competition compensation for damage , new high-tech industry of field. From the point of view of substantive law, three questions need considering too , namely amalgamate with the restricted agreement, innovative market while developing in studying and give the structure and give internalization to the network effects. |
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