Antitrust Issues In The Standardization Study

Along with the approaching of an era of knowledge economy,rapid progress in science and technology,the economic development shows unprecedented vitality and high speed.In the context of such times,more and more people tend to behave under one mode according to uniform roles.The emergence of the standard satisfied people's needs greatly.As the important means of safeguard the market order and promote technological progress,the standard is one of the important technique foundation of social and economic development,and also to be the foundation of modernization,standardization and profession.Generally speaking,the standard carried out the intercommunication between products and technique excellently,reducing the costs of exchange,economizing the production costs,raising the economic efficiency of enterprises,etc.These all constitute the economic or positive side of the standard.But any things all have both sides,uneconomic or negative side of the standard is similarly obvious,the prominent representation was the standardization has the restriction impacts on the market competition.So in view of the monopoly problems of the standardization,the scholars both abroad and at home carried on researches from different angles.In connection with the character of advantages and disadvantages,the issuing subject how to regulate the restrictive practices that involved in the standardization effectively,with maximum its positive effects,to guarantee and promote the benign development of market economy,remains further research within the academic circle.So this article made an attempting study of the anti-monopoly of standardization, relatively dealt with among the current academic circle,and did an comparative review of the foreign(district) instances,and put forward some suggestions for proposed the institution of anti-monopoly legal systems of standardization with Chinese character's according to the domestic situation.Apart from the foreword and conclusion,the article is composed of three parts.PartⅠAnalyzed the standardization and its advantages and disadvantages.This part generalized the definitions of standard and standardization.At first,pointed out that there was a close relationship between the standard and our life;then based on the deep influences of standardization on society especially market competition.The text revealed that except advantages the standardization also has disadvantages,which embodied restriction influence on the market competition.Firstly,so as to reduce competition,standard was set as market barrier,improving the threshold of market,and obstructing a new participant into the relative market;Secondly, standardization have good effect on scale economy,but some manufactures will be eliminated in a competition because they did not produce with certain standard.In this sense,market competition was reduced.Thirdly,take standardization as excuse,refuse to give approve to those productions who have more merits,with reducing the degree of competition.Fourthly,though standardize some technique index and the raw material unnecessarily,the cost was raised,induce in ceasing the competition threats faced by big enterprises,and at last,lowered the full competition degree of the market.In brief,the standardization restricted and set back freedom of the market competition,so we must pay close attention to the standardization and realize the necessity to regulate the standard according to Anti-Monopoly Law.Above-mentioned content was considered as the premise of the following argument by the text.PartⅡThe demonstration and commentary of restrict competition that involved in standardization.The second part is the key.Because of lacking related judicial practice,so this part emphasize on studying the anti-monopoly regulation of standardization of the United States,in order to set as an example for our own system building.At the very beginning,this part made clearly that the discussion was established in association,take the industry standard as the center and the point to constitute the framework.Then the general theory of association was introduced,the definition and basic functions of association were briefly summed up,the natural anti-competition of association was subsequently advocated.Then the article clearly point out some standardization has become the tool which was use for restrict competition,as a part of the self-regulation of association.Following,through carried on analysis of the cases that involved in the Unite Stated judicial practice,revealed directly the forms and regulation that standardization and monopoly,and some revelations:First,we should take standardization into consideration that reviewed by anti-monopoly,meanwhile,we should make sure that the objects of anti-monopoly is not standardization itself,but the restrictive practices that involved in standardization.Second,measuring influence of standardization may solve the conflict between standardization and market competition.At last,including illegal per se,rule of reason and "Structured" or "truncated" rule ofreason were analyzed,and indicated that the essence of three rules is same,which make reasonable analyze in course of the specific case that involved in standardization.PartⅢConstruct the anti-monopoly legal system in China.This part is as important as the second part.From the aspect of practices,this part having realistic meaning.As far as this part,firstly,on the basis of facts,exploring the particularity of our administration of standardization in view with national standard and local standard;secondly,combined with our current legislation, dwell on the general provision,especially attached Anti-monopoly Law of the People's Republic of China(hereinafter short in "Anti-monopoly Law") as authoritative legal foundation;thirdly,the article points out current legislation are excessive principle,subsequently put forwards that some problems we should paid our attentions to when carrying out Anti-monopoly Law;fourthly,in view of the advantages are accompanied by disadvantages,to insist on promoting what is beneficial and abolishing what is harmful,the author made some superficially discuss about the exemption system of anti-monopoly law on the standardization.