Study On The Application Of The Rule Of Reason Of The Anti-monopoly Law

Since the anti-monopoly law came into being,it has a history of nearly 300 years.In the process of its development and perfection,the anti-monopoly law has always taken the market transaction behavior as the adjustment object,with the aim of maintaining the free competition of operators and restricting monopoly behavior under the market economy system.Anti-monopoly laws of various countries in the world have explicit and implicit provisions for this purpose.As a written law country,China promulgated the " Anti-monopoly Law of the People's Republic of China" on August 30,2007,which was formally implemented on August 1,2008.Article 1 of the Anti-monopoly Law directly stipulates the purpose of the law: " This Law is formulated in order to prevent and stop monopoly acts,protect fair competition in the market,improve the efficiency of economic operation,safeguard the interests of consumers and the public interest,and promote the healthy development of the socialist market economy." In order to realize the purpose of anti-monopoly law,it is first necessary to judge which market transactions belong to restrictive competition behavior,which restrictive competition behavior should be prohibited and which restrictive competition behavior can be allowed.In the process of this judgment,an analysis model of se rule and the principle of reasonableness has been formed.The two are the basic principles in the anti-monopoly law to judge whether restrictive competition acts belong to monopoly acts or not,and are also the basic principles in the anti-monopoly law.It is of great significance to the judgment of monopoly behavior and the maintenance of market competition behavior.Se rule generally refers to the judgment of the legal consequences of the operators' market transactions,which is only based on whether it occurs.That is,once the operators in the market meet the specific conditions stipulated by law,the operators' competitive behaviors will constitute violations of the law.It is no longer necessary to determine whether their competitive behaviors should be prohibited by law by analyzing whether there is a reasonable reason for the competitors' competitive behaviors and whether there is an effect of promoting competition.Based on the characteristics of se rule,se rule's analysis method for judging transaction behavior is simple and easy to operate.Whether in legislative activities and judicial practice,or in academic debates,the applicable research on se rule has been relatively thorough.On the other hand,although there are a large number of domestic and foreign cases and academic viewpoints on the application of the principle of reasonableness,thereare still a lot of problems in the anti-monopoly law enforcement and judicial practice.The academic circles have different opinions on its disputes,and the application of the principle of reasonableness in anti-monopoly legislation,law enforcement and judicature is very urgent.Therefore,this paper studies the application of the principle of reasonableness in anti-monopoly law.This article is divided into four parts.First of all,the article starts from the application of reasonable principles of anti-monopoly laws in various countries and regions of the world,and explores the background,basic concepts,application scope and other basic issues of reasonable principles.Through the application of the reasonable principles of anti-monopoly laws in developed countries and regions in the world,we can understand what is monopoly,what is monopoly behavior,and what kind of monopoly behavior is restricted by the legislative purpose of antimonopoly laws.To understand the attitude of anti-monopoly laws of developed countries and regions in the world towards the application of the principle of reasonableness,and to review and analyze the typical cases in the process of the emergence and development of the principle of reasonableness.Secondly,the article focuses on the absorption and reference of the reasonable principle in China's anti-monopoly law.Starting from the application status of the reasonable principle of China's anti-monopoly law,this paper understands the current situation and reasons of the provisions of the reasonable principle in the normative documents of China's anti-monopoly law,and understands the application status of the reasonable principle in China's anti-monopoly law enforcement and judicial practice.Through a further comparative analysis of typical cases in China's anti-monopoly law enforcement and judicial practice,we can understand the application and practice of reasonable principles in China's anti-monopoly practice.Through the above-mentioned dual study of legislation and practical activities,the application of reasonable principles of China's anti-monopoly law is compared with the application of reasonable principles of anti-monopoly law in European and American countries and Taiwan,so as to understand the differences in the application of reasonable principles of China's anti-monopoly law.Then,this paper analyzes the influencing factors behind the application of the principle of reasonableness.Starting with the value objective of the anti-monopoly law,this paper analyzes the national interest,social interest,operator interest and competitive interest contained in the value objective of the reasonable principle,and grasps how to measure and judge the individual interest in the process of applying the reasonable principle.Finally,this paper returns to the application of reasonable principles in China's anti-monopoly law,clarifies the relationship betweense rule and reasonable principles,and gives constructive suggestions on the application of reasonable principles from aspects of anti-monopoly legislation,law enforcement and judicial practice.