Antitrust Laws Of Certain Basic Questions

After twenty years of economy reform, China has established preliminarily socialist market economy system. Nevertheless, it is necessary for establishment of united open orderly modern market system to set up and perfect competition law, especially, the anti-monopoly law. Since the world war Ⅱ,many countries have issued anti-monopoly law to preserve domestic market competition and contain transnational anti-competition behavior. In late ten years, the internationalization of anti-monopoly law comes to a tendency. Under such conditions, China should work harder at the legislation and theoretic research about anti-monopoly law. Now we have joined the WTO, if we want to be recognized thoroughly as a market-economy country, we must establish a set of independent equitable authoritative united competition law system, and it is also necessary for keeping competition-order running well in face of international heated competition. The monopoly of China is very different to that of developed countries. So when we introduce and study foreign theory and experience, we should study seriously the factors that influence the anti-monopoly law in China and the obstructions we will face, Then the new anti-monopoly law can accord with the actual demands and guide the people. This article tries to further expound some basic theoretic problems and adopts the methods of historic analysis, the methods of comparative analysis, the methods of economic analysis. This article contains five chapters. The first chapter, the development of anti-monopoly law, introduces the history of the anti-monopoly law and analyses emphatically different backgrounds of two typical legislative styles and the ideas they reflect. The second chapter analyses the conception of monopoly from economic angle firstly, then from the legal angle further set forth the conception of monopoly. This is a very fundamental problem. The third chapter interprets the regulation affect of anti-monopoly policy on anti-monopoly law, and explains exhaustively the factors we should consider when we formulate the anti-monopoly...