Comparative Research On Legal Regulation Of Unfair Trade Practices

Unfair trade practices is a kind of unfair or improper market transaction which is implemented by the market operator to restrict the free competition of the market or hinder fair trade and competition.The regulation to unfair trade practices originated from the United States.Influenced by the United States Antitrust Law,Japan and South Korea formed a complete unfair trade practices system through the localized operation.As the separately legislated countries of supporting anti-monopoly law and anti-unfair competition law,both Japan and South Korea accept the unfair trade practices into their own anti-monopoly law regulation.According to the behavior character,unfair trade practices can be divided into two categories.One includes refusal to deal,differential treatment,improper consideration,abuse trading status,attachment of binding conditions,etc.These phenomena will cause the effect of killing free competition,destroying the basic consequence of free competition.The unfair trade practices will damage the interest of unrelated competitors,disrupt the free competition order,and impair the consumers' welfare and social and public benefits,which can be incorporated into Anti-Monopoly Law to regulate theologically.The other is the unfair transaction using unfair competitive means like impeding the business activities and improperly luring customers to hinder the free and fair competition environment.Such unfair trade practices may cause the damage to specific counterparts,infringe the interest of the operators and consumers,and can be included in the Anti-Unfair Competition Law for the unfair competition that are recognized as anti-unfair competition law.Occident and Japan and Korea have wealthy experience in the facet of regulating unfair transaction.On the basis of combining the experience of abroad legislation,the legislative regulation of unfair trade practices can be perfected from the perspective of anti-monopoly law and anti-unfair competition law,which to some degree can improve our Anti-Monopoly Law and Unfair Competition Law,and then improve China's competition law system further,maintain the free and fair competitive environment,and protect the orderly operation of the market economy.