Anti-monopoly Law On Administrative Licensing Restrictions Of Competition Regulation

The limit competition administrative permission is an urgent issue in our country's modernization process waits to be solved. As early as in 1980's, some scholars already started the study on the limit competition administrative permission . They carried their research on this issue with the inspection on administrative monopoly, and has yielded some results. However, the comprehensive and thorough research on this issue from the angle of Antimonopoly Law is very rare. The basic view of the present paper is that the limit competition administrative permission is kind of special administrative monopoly . And the study is carried from four aspects in the angle of the antimonopoly law.Chapter One tries to analyze concepts related to the limit competition administrative permission with a major aim to make a distinction between administrative permission and administrative monopoly and the limit competition administrative permission. Through the comparison, we better our understanding of the limit competition administrative permission and get more theoretical guidance to the present research. This chapter also analyzes the manifestation, the origin and the harm which the limit competition administrative permission, and tries to find out them roots. Thus it will help formulate different measure to regulate it and eliminate harms brought by the limit competition administrative permission.Chapter Two tries to analyze the limit competition administrative permission from the economic angle and reveal the economical factors of the formation of the limit competition administrative permission. Through the comparative study of "per se rules"and "rule of reason", this paper gives: the best way to regulate the limit competition administrative permission, reduction of the social cost, elimination of the harms to the market economy caused by the limit competition administrative permission to maintain the fair competition among the market bodies.Chapter Three makes a comparative study of the limit competition administrative permission in other countries to formulate a set of practical and feasible measures to regulate the practice of the limit competition administrative permission in our country with a view to the overseas' advanced experience and the contemporary condition of our country.