Research On The Rule Of Reason Of Anti-monopoly Law

Anti-monopoly law, aiming at maintaining competition and promoting the efficiency, isthe elementary law in market economy. When judging the acts of restricting completion arewhether illegal or not, the rationality analysis should be taken into consideration, which is tosay, the anti-monopoly law requires Rule of Reason, and makes it become the primaryprinciple. The Rule of Reason is derived from British common law, developing among thejudicial practice of antitrust law in the United States. However, after the Sherman law beingenacted, the Rule of Reason truly becomes the illegal confirmation principle of anti-monopolylaw. While the Per se illegal is the other illegal confirmation principle, which scholars havedifferent views towards its relationship with the Rule of Reason and status in the anti-monopoly law. In the practice of antitrust law, the Rule of Reason and the Per se illegal aremutual integrating, therefore, Quick Look at the Truncated Rule of Reason gradually appearedin the application of the Rule of Reason. The Rule of Reason, the basic principle of anti-monopoly law, is the unity of valuable and comprehensive elements, such as competition,fairness, order, justice, interests of consumers and the competitive benefits. The Rule ofReason is applied to part of the horizontal restrictive agreement, most of the verticalrestrictive agreement and the concentration of undertakings. The illegal judgment elements ofAntimonopoly law mainly depend on the purpose of acts and consequence of acts. The Ruleof Reason regards the protection of effective competition mode as the standard of entitiescontrol, the social public interests as the ultimate standard of measuring whether restrictingcompetition or the monopoly actions illegal or not. The Rule of Reason is the most importantmethod for solving the uncertainty of anti-monopoly law, and by means of the economicanalysis, through concrete analysis of specific cases. The Rule of Reason is essentially a kindof interest analysis method, which is the focus of the anti-monopoly law to protect theinterests and is determined by the value of the pursuit of the goal. Therefore, China shouldfurther improve the relevant legislation, the specific regulation the Rule of Reason, establishthe coexisting system of the Rule of Reason and rules of exemption, refine the operationstandard, therefore, in order to adapt the constant changing in terms of economic relations,and to ensure the realization of the value of anti-monopoly law.