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The Policy Goals Of Antitrust Law

Posted on:2010-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:D M ChenFull Text:PDF
GTID:2206360302475761Subject:Law
Abstract/Summary:PDF Full Text Request
The policy objective of the anti-monopoly law in the field of anti-monopoly law is an important issue, anti-monopoly law only in the right, under the guidance of policy objectives, combined with a certain degree of social and historical conditions, in order to smooth concrete and the implementation of System. At present, most countries of the world have enacted anti-monopoly law, anti-monopoly laws in almost all emphasis on the pursuit of free and fair competition, the interests of consumers and the protection of public interests. Effective competition is the most effective mode of market competition in the current model.Research on anti-trust policy objectives, we must be clear what is the basic theoretical issues of the policy objective of the anti-monopoly law. In general, the anti-trust policy objectives, including the basic concepts, functional analysis to determine the basis and three dimensions to study the anti-trust policy objectives. First, in the basic concept, we must understand, in the current academic fields, what the point of view to define the policy objectives of the anti-monopoly law . Throughout the current academic achievements, Generally agreed that anti-monopoly policy objective is to regulate trade practices adopted by the anti-monopoly law and the maintenance of competition in the market, which should protect the interests and the realization of the function. Second, to study the function of the policy objectives of anti-monopoly law , from the following aspects: guidance on the legislative, judicial and law enforcement on the guiding, the business can be a law-abiding to carry out the correct guidance. Third, determining the basis of the policy objective of the anti-monopoly law, in terms of analysis of the general and specific constraints . General constraint is the request made by the general nature of competition and the general rules of the allocation of resources to anti-trust policy objective, including economies of scale, combined with several economic benefits, as well as those related to technological progress and innovation; The special constraints is the request made by the specific stage of economic development to objectives of the special requirements of the anti-monopoly law,in the special constraints of a country-specific system conditions. Fourth, the three dimensions is identified from the study of anti-trust policy objectives. Inclued the goals of value, the target market model and the objectives of interest conservation.From the goals of value, mainly from the free, fair and efficient to study the policy objective of the anti-monopoly law, respectively, from the basic content, the theoretical basis and practical aspects of becoming anti-trust policy objectives and the relationship among the three values to demonstrate. Eventually , reached that freedom was the prerequisite, to determine the priority of fairness and efficiency based on the priority of a country's situation. From the level of the target f market model to research anti-monopoly policy objectives, mainly analyzing perfectly competitive market model, not fully perfectly competitive market model, the market model of innovation and dynamic competition, the market model of effective competition, in these market model, mainly from the theory and practice, practical significance to demonstrate, eventually come to an effective mode of competition is highly regarded in most countries of the competition. Effective competition model dealt with the relationship between competition and monopoly, but taking into account the importance of promoting efficiency by competition, also concerning the cost-effective brought about by the economies of scale. In the level of the target Of the protecting interests, mainly including business interests, consumer interests and the interests of the public interest. For these three interests, mainly from the theoretical and practical level, to analyse the policy objective of the anti-monopoly law on the protection of various interests, in the process of legislation, law enforcement, judicial and law-abiding . Eventually reached the public interest is the highest level of the interests , the interests of consumers becoming increasingly focused on national interests to protect.Through the above-mentioned multi-dimensional study of the policy objectives of the anti-monopoly law, combined with China's actual conditions, depth analysis of the embodiment and realization of the policy objective of the anti-monopoly law in China's "anti-monopoly law". Mainly from the value , the market model and the interests of the protection to establish the direction of the improvement in the future and implementation of China's anti-monopoly law, we Should ensure that the premise of freedom of handling the relationship between equity and efficiency, the current situation of China determined the phase transition of gradually changing from giving priority to efficiency with due consideration to fairness to both efficiency and fairness; China should establish an effective competitive market model, and through the effective implementation of China's anti-monopoly law to ensure the realization of effective competition; in the guidance of the correct values, effective competition in the market model to maximize the role of the play, eventually we can realize the protection of consumer interests in ensuring the protection of the public interest.
Keywords/Search Tags:Anti-monopoly law, Policy objectives, Orientation, Effective competition model, The interests of conservation objectives
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