EU Competition Law Legislation And Practice And Enlightenment Of The Per Se Rule

Monopolization and restraint of competition, more than a century of history. TheUnited States in1980to develop the Sherman Act, to become the world’s first countryto establish antitrust system, so far, the development of antitrust law is already quitemature and improve. The EU as a rising star, with the accelerated pace of competitionlaw legislation, the EU’s competition law has become one of the most influentialcompetition law. Can be said that EU competition law in reference or transplantestablished on the basis of the antitrust laws in the United States, the same time, itabsorbed its member countries, such as Germany, France and the United Kingdom’snational competition laws in the best part. In recent years, in order to coordinate withthe EU competition laws, EU member states have revised or developed a newcompetition law norms, the revised standard that is the European Union’s competitionlaw, this legislative trend makes competition law gradual convergence between theEuropean Union and its Member States, has laid a good foundation for the unificationof the European market. Therefore, legislation and practice of EU law more profoundreference to China’s anti-monopoly law.The paper is divided into four parts to the problem described. The first part is adiscussion of EU competition law per se rule generated. A background analysis per serule, the per se rule in Europe Special Background and Historical Significance. Thencited the per se rule in the development process of the domestic law of the UnitedKingdom, Germany and France, to highlight the outstanding contribution made by theEU member states on the establishment and development of the EU competition lawper se rule. The second part is the analysis of the theory and related concepts,introduces the connotation and characteristics of the per se rule, and write withreasonable principle difference between the use of comparative analysis, which revealsthe per se rule to the historical trend of the development of the principle ofreasonableness. The third part focuses on the per se rule in the EU legislation andpractice. Legislation, the EU mainly through the enactment of new regulations on theper se rule is perfect; In practice, the European Court of Justice by the jurisprudence of the per se rule amendments, the EU’s move is in line with the law of economicdevelopment in the world today, therefore, in the fourth chapter, mainly talked aboutthe legislation and practice of the EU per se rule Enlightenment to China.