Comparison And Reference: The Improvement Of China's Anti-trust Legislation

Antitrust or competition laws are laws which seek to promote economic and business competition by prohibiting anti-competitive behavior and unfair business practices. Government agencies known as competiton regulators regulate antitrust laws, and maybe also be responsible for regulation related laws dealing with consumer protection. In western, antitrust law is the core of market economy jurisprudence.Sheman Antitrust Act is the first Antitrust Law in the world. Sherman Act in 1890, Clayton Act in 1914, Federal Trade Commission Act in 1914 and Robinson-Patman Act in 1936 consist of American Antitrust Law. They describe unlawful practices in general terms, leaving it to the courts to decide what specific practices are illegal based on the facts and circumstances of each case. American Antitrust Law gradually improves in the combats between monopoly and anti-monopoly, competition and unfair competition. With the globalization of economy, US government gradually changes the regulation of structure to the regulation of behavior, and changes Per se rule to rule of Reason. It enormously impacts on the other countries'legislation.EU Competition Law derives form EC Treaty. It is one of the most developed competition law in the world. EU Competition Law fulfills the following three functions: prevent the erection of barriers to trade, prevent effective competition in the single market and encourage efficiency, innovation and lower prices. The content of EU Competition law reflects international anti-monopoly and anti-restraints to competition. The core content is Article 81 and Article 82. Article 81 deals with collusion and cooperative arrangements. Article 82 prohibits abuse of a dominant position that applies to the behavior of dominant firms. EU always adopts the regulation of behavior, with the globalization of...