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Theory Of The Anti-monopoly Law And Price Law Of Conflict And Coordination

Posted on:2015-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:F F WangFull Text:PDF
GTID:2266330428968562Subject:Economic Law
Abstract/Summary:PDF Full Text Request
At the start of2013year, Samsung price monopoly happened, ensuing the Maotai Liquor, milk powder price monopoly in the process of my preparing for papers. This shows that in China, price monopoly has already become the important factors that affect the market competition. Therefore, how to carry on the effective regulation of price monopoly is our problem to be solved. In Samsung case trial, the most controversial part of is the price monopoly law suitable problem. As is known to all, the Samsung case is a typical lateral restrict competition behavior, the Antitrust law should be applied, but China’s development and reform commission (NDRC) using the Price law to rule, It’s hard to convince people. Although the National development and reform commission then made the explanation, but we inevitably question, why Anti-monopoly law and Price law on price monopoly both made the rules and regulations conflict, especially in the provisions on liability, the apparent conflict of laws not only go against the current of the regulation of price monopoly, and greatly damaged the unity of our legal system. Consequently, we should research the collision of Anti-trust law and Price law, and then give the coordination scheme.At present, in jurisprudence and legislation practice, Provisions concerning the legal effect of the economy is little. Many articles while talked about the mismatch between economic law phenomenon, that is just tasted and not for in-depth study of reason.Many scholars in the field of economic law mostly stick to their own research field and don’t study on cross department, which leads to the conflict of economic law field in the vacuum state.Therefore, this article mentioned from Samsung case, explores the clash and the conformity between Antitrust law and Price law, and runs through the analysis of the relevant case in the article, which makes the discussion more compelling.This article includes four parts, the first part by Samsung price monopoly case which leads to the topic, then introduce the dispute about Samsung case in order to make the later discussed more targeted. The second part introduced the root of the conflict and its concrete manifestation between the Anti-monopoly law and the Price law respectively introduced the conflict and its performance in the aspect of legislative idea, rules system, Running of laws and analyzes the cause of the clash. The third part discusses theory foundation about harmonious of the Anti-monopoly law and Price law, focuses on the following aspects, such as the explanation legal coordination theory,the theoretical value of the conformity between the two laws, discourse of several aspects in experience about the coordination of the two above-mentioned legal. Part IV of this article expounds coordination mechanism about Anti-monopoly law and Price law, and made the following proposed changes, the conformity framework of antitrust law and Price law, the revision of Price law and the improvement of the anti-monopoly law.This article mainly demonstrates that the price monopoly should be carried out by the Anti-monopoly law, and we should develop the cohesive devices in terms of price monopoly between the Price law and Anti-monopoly law and put forward the perfecting Suggestions about the lack of antitrust law in the regulation on price monopoly in our country.Through the demonstration by topic, Article reached the following suggestions: the Price law should be revised, price dominance regulations should be deleted, so that the Anti-monopoly law can become the only law regulating the price monopoly.
Keywords/Search Tags:Antitrust law, Price law, Price monopoly, Administrative monopoly, Industry association
PDF Full Text Request
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