On The Anti-trust Regulation To Impede Legitimate Competitive Behavior

Anti-monopoly law has been a fundamental part in the legal system in most countries, which safeguard the due economic activities. Therefore, following China's economic development, it is imperative to draw our own anti-monopoly law. In this article, based on the reality in China, the author defines the rang of monopoly, then analyzes the essence of the monopolistic action, and compares principles and standards which are applied in other countries'anti-monopoly laws, finally draws the conclusion that: Anti-monopoly should pay attention to enterprises which possess particular advantages in markets. However, its target is not to restrict the size of an enterprise itself, but an action destroying or to destroy the due competition in markets. As long as the purpose of an action is to hinder competition, it should be restricted by laws, no matter it is made by a single enterprise or united ones, even no matter damages of this monopoly have been made or not.And what's more, the dominating power should be one of highlights in anti-monopoly laws. This is the important premise for the judgment of monopolistic action. According to this, anti-monopoly laws should combine the per se rules and the rule of reason, in order to make the correct judgment and proper decision. Otherwise, in this course, laws should also consider other factors, such as the damage of particular actions in markets, the influence to public interests, and so on.