The Analytical Model Of Monopoly Agreement Case

The rules of monopoly agreement are lack of logical consistency and too general, vague in Chinese antimonopoly law. For example, monopoly agreements determined elements of whether to include exclude or restrict competition, if included, for the exclusion of restricting competition purpose to analyze or effect analysis, and whether all types of monopoly agreements need to be analyzed substantive effect, while the exemption monopoly agreement in also exists and procedures applicable to the main issue, and the absence of the exemption system is applicable in respect study problems limit the need for competition, we can see that there are different opinions from the relevant case processing.Through more than a typical case, according to the analysis made by the courts and law enforcement agencies of illegal monopoly agreement identified the relevant judgment or decision by the comparative study of EU competition law, "the general prohibition of special exemption" principle with the US antitrust laws "perse rule " and the " rule of reason " in the United States and the European Union’s absorption of judicial experience at the same time, combined with the existing cases, the confirmation of the identified need to be considered illegal monopoly agreement to exclude or restrict competition on the basis of the purpose or effect, try to clarify the various elements the relationship between illegal monopoly agreement summary of the analysis model, making more consistent handling of cases monopoly agreement "anti-monopoly law," the legislative purpose, but summed up the pattern is only to provide a solution to the problem of monopoly agreement ideas, and in fact each step of analyzing patterns have required further study the issue.The first part focuses on the anti-monopoly law enforcement agencies and the courts deal with typical cases, leads to this article to solve a problem that the processing agreement monopoly cases, there are still differences. The second part analyzes the relevant instruments and judgments penalty decision, pointing out the focus of controversy and processing problems including monopoly agreements restrict competition problems identified and to exclude the application of the exemption system two aspects. The third part analyzes the issues raised above, by comparing the United States and the European Union practices, lessons learned, analysis of the pros and cons. The fourth part conclude the model based on the economics and legal theory, combined with the actual situation of antitrust cases.