Article V Of The "anti-monopoly Law"

Since the anti-monopoly law enacted since, people from different Angle to article5do a different interpretation, I think, the anti-monopoly law article5antitrust law is the basic principle of the terms, I put it summarized as protection scale economic principles. This principle touch the antimonopoly legislation of a basic problem, namely the economies of scale monopoly and boundary problem, the anti-monopoly law one important task is to monopoly and scale economy draw a line between.The western economics market structure is divided into four types:exclusive, oligarchs, monopolistic competition, perfect competition. This division and the economies of scale development levels:the first two types of market, scale economy have a high degree of development and the market just left one or several large-scale enterprise, and a fourth type is scale economy development is not fully, the whole market on the scale of the enterprise has yet produced, and in a third type of market, scale economy with a certain degree of development, which has appeared with large scale enterprise, but also there are the dispersed of small businesses, show that scale economy and further development of the space. Economic theory suggests that when the economy of scale development to certain degree, the scale of the enterprise will change its behavior, and will have a large market share enterprise existence is as a monopoly, In the economists see the four types of market, the former two is undoubtedly monopoly market, and the third type of market but also because of the large scale enterprise is the presence of the monopoly and competition is seen as the coexistence of market. However, economics research shows that, the economies of scale development not only do not necessarily lead to the destruction of the competition, and even its itself is the inevitable result of the competition. Therefore, to protect and promote competition from the fundamental purpose of the basic task of the antitrust law is strictly distinguish the economies of scale of the development of the high level on the market or destroy the competition to promote the action, to the former to the latter shall be protected and be punished.Article5the antimonopoly law in China put forward in order to protect the economy of scale as the basic principle, embodies the lawmakers followed by the basic competition policy, that is, not to market share, market operators concentration is the only basis that dominant market position, even if operators are recognized as a dominant market position, and also is not simply the identified as monopoly, in order to achieve the economies of scale protection.Based on the basic principle, the anti-monopoly law through the establishment of behavioral principles carefully review system, except for the system or are exempt from, balance, a series of related system system, maximum limit for those nondestructive competition, or even though harm competition, but on the technology progress and efficiency improvement as the positive role of harm to competition outweigh the negative effect of the economies of scale to the appropriate protection. The relevant system fully embodies the anti-monopoly law article5of the guidance to the law.Our country market economy is at initial and stage of development, although we have been taking to the harm of monopoly competition, but, through the economies of scale and the development of the China to enhance the international competitiveness of enterprises, full and effective participation in the international competition of the development of the market economy in our country is still facing the main problem. From this point of view, our country anti-monopoly law article5of the implementation of has a very important significance.