The Study Of The Post Sherman Act

In1890, the U.S. Congress established and adopted an anti-monopoly law in U.S. history-Illegal restrictions and protection of monopoly trade and Commercial Law, because the bill was originally introduced in Congress in1888by Senate Republicans Sherman, it is called the Sherman Act. This is also the world’s first anti-monopoly law in the modern sense. U.S. antitrust law has a history of more than a hundred years; it has accumulated a wealth of experience in the anti-monopoly legislation and implementation. Since its birth, it has been walking in the forefront of the world.The Anti-Monopoly Law of the People’s Republic of China formally promulgated in August2007. Whether in the form or content, China has a higher reference on international anti-monopoly law. It is imperative for Our country at the moment to develop the implementation details of the behavior guide judicial interpretation to enhance the operability of the anti-monopoly law, to provide specific guidelines for antitrust execution.In this paper, by the use of comparative analysis method, analyzes the similarities of the background between the enactment of the United States and China’s antitrust law, then improving those parts of U.S. antitrust laws which deserves learning during the process of improvement. This paper discussed the problems of China’s anti-monopoly law by the use of empirical analysis method. This paper is divided into four parts:The first part briefly introduced the Sherman Act when it was enacted, first briefly introduce the economic, political and legal background; followed by the analysis of its content and features; then introduced the early implementation of the Sherman Act; finally made its inadequate analysis.The second part studies of the formation of the legal system of the post Sherman Act, firstly introduced the legal framework including the Clayton Act, and the Federal Trade Commission Act; followed by analysis of the formation of the whole legal system of the post Sherman Act; Finally, analyzed the impact of the development and changes of the post Sherman Act on judicial practice.The third part analyzed the characteristics of the legal system of the post Sherman Act, firstly gives an overview of the characteristics of its statutory provisions; secondly discussed the characteristics of the implementation of the post Sherman Act; finally introduced the new characteristics of the post Sherman Act in the new economy.The fourth part analyzed the perfect enlightenment of the post Sherman Act on China’s anti-monopoly legal system. First of all it proposed the existence of the problems in China’s anti-monopoly law; then compared the similarities of the birth background between the Sherman Act and our antitrust laws; finally, provided some suggestions on China’s anti-monopoly law.In conclusion, this paper gives a brief analysis and discussion on the content and features of the post Sherman Act, trying to demonstrate the reference during the process of improvement of the post Sherman Act on China’s anti-monopoly law by the use of comparative analysis; and discussed the problems of our antitrust law by the use of empirical analysis methods, so as to provide some suggestions to the complement of China’s anti-monopoly law. This paper has some theoretical and practical significance on the development of the cause of anti-monopoly in our country.