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Comparative Research Of Collaboration Of Restricting Competition Between China And Unite States

Posted on:2017-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:L J HouFull Text:PDF
GTID:2296330482998290Subject:legal
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The 21st century is the era of the continuous development of the global economy. At the same time, Economic globalization is the inevitable trend of development in today’s world. With the development of economy, the economic legal issues are followed, especially for trust behavior which has been seen as the object of study by scholar focus on economic law. This paper is mainly focus on the collaborative restraints in antitrust law.And contrast between China and United States joint restrict competition behavior between the relation and difference, so that I can find out our shortcoming on the collaborative restraints in antitrust law.in terms of legislation, thereby further improving joint restrict competition behavior in China’s antitrust law.The first part of this essay is mainly from the collaborative restraints. I will set the concept of the collaborative restraints as the foothold and further study on the characteristics of law of the collaborative restraints. Leading one conclusion that union limit competition behavior subject is plural, behavior is collusion with subjective intent and diversity in form and behavior has three characteristics of restricting competition to the concept of joint restrict competition behavior. And the different characteristics of joint restrict competition behavior was classified, including different division of the relationship of enterprise horizontal union limit competition behavior and longitudinal joint restrict competition behavior, divided according to different forms of collusive agreement of joint restrict competition and silent contract type joint limit competition behavior, and according to the different between positive and negative Division of relationship of promoting competition of joint restrict competition behavior and impede competition in the joint restrict competition behavior.The second part of this paper is mainly from the transverse joint restrict competition and the longitudinal joint restrict competition to analyze the concept and characteristics of these two and subsequently focuses on the main form of different types of joint restrict competition. In the horizontal restraints, its mainly including forms:joint pricing behavior, market behavior, division of collusive bidding and boycott. Vertical restraints include the vertical price restrict competition and non price vertical restraints of competition. Vertical price restrict competition including the maximum resale price, the lowest price limit longitudinal and vertical price recommendation. Vertical non price limit competition mainly include the following four kinds:vertical territorial and customer restriction agreement, exclusive dealing, tying and franchise. In addition, this part also compared both on China and the United States on the joint restrict competition behavior principles.We get one point that China "binary analysis is lag behind to the U. S." a yuan analysis.The third part of this article is from the United States and China Union limit competition behavior of the exemption system of the exemption system between China and the United States legal system forms.according to the standard and specific treatment principle analysis, and found that the lacking of specific treatment principle of legal gaps which existed in China.In the fifth part. In this paper, it summed up the lack of China’s antitrust law extraterritorial application through the listed case of the price limited competition between Chine airline and Britain Airline company. And puts forward four suggestions to improve China’s antitrust law extraterritorial application.Through this article, I hope that through the comparison of Sino US joint restrict competition behavior, so that we can analyze the distinction and connection between China and the United States in the system, and constantly enrich and improve China’s antitrust law.
Keywords/Search Tags:Antitrust Law, Collaboration of Restricting, Horizontal Collaboration of Restrictin, Vertical Collaboration of Restricting
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