Research On The Intra-Enterprise Conspiracy Theory Under The Antitrust Standards

In the development of enterprise collectivization, the joint behavior which is in various forms exists in the intra-enterprise has become the tools for the implementation of restrict competition for a time. To some extent, such forms of joint behavior is complicated and stable, so it puts forward higher requirements on monopoly standards. Research on the related issues about intra-enterprise conspiracy theory is an important link of the anti-monopoly legislation and enforcement in the mature economy market. Generally, conspiracy is illegal, although we can use other rules to regulate anti-competitive behavior in the intra-enterprise, we are subject to the reasonable principle, which will greatly reduce the efficiency of regulation. From the opposite point of view, the recognition of the illegal act affect fair considerably, how to make a balance between efficiency and fairness is the core of the intra-enterprise conspiracy theories and rules. The foundation of the balance is the development level of specific economic and the environment of market competition.In the United States v. Yellow Cab Co., the United States court established the prototype of the intra-enterprise conspiracy theory. In that era, the court said that the relationship between co-conspirators cannot rule out the application of the Sherman Act. After Copperweld Co. v. Independence Tube Corporation, the intra-enterprise conspiracy theory has been reformed. Until today, the court believed that the joint behavior which is between parent company and its wholly owned subsidiary cannot be regarded as conspiracy which referred in article 1 of the Sherman Act. For other circumstances about enterprises' affiliation, the court has no unified conclusion, but in the specific cases, the court will investigate the disputing party whether has the same interests or not. The European Union and the United States is different, it exhibited "single economy" principle in the judicial practice to determine the joint behavior between the affiliated enterprises whether can be regarded as conspiracy or not which is mentioned in the E.U competition law. In European Union, the core of this problem is not form, but to judge whether the subject essentially belongs to the "single economy" or not.The anti-monopoly law in our country has some problems, such as the fuzzy monopoly standards, which affect the actual operability. Seen from the domestic market, there are a lot of restrict competition behavior between the affiliatedenterprise groups. Look from the international market, multinational companies also use a variety of internal arrangements to affect the international competitive environment of our country. At present, our country should combine the economic development level and market competition environment to define the standard of identifying the intra-enterprise, confirm that the relationship between enterprises has nothing to do with the recognition of the conspiracy and the conspiracy between associated enterprises is absolutely illegal. Under the current situation, using the rule of conspiracy to regulate joint behavior between affiliated enterprise has more advantages, and we can enhance the operability about our antitrust law at the same time. Finally, the healthy development of the internal relations between parent-subsidiaries and enterprise groups has been guaranteed and promoted.