The Study On The Application Of Consumer Welfare Standard In Antitrust Law

The evaluation factors such as price,quality,innovation and consumer choice in consumer welfare make it a suitable criterion for evaluating whether market behavior has monopolistic illegality.In the application of antitrust law,consumer welfare should not only be the target of legislative protection,but also should play its dual function as a standard.Based on different antitrust welfare standards,in the actual analysis,the interests of the relevant interest groups will be given different weights to influence the final judgment results.With the emphasis on welfare transfer as the main distinguishing point,there are two main criteria for the social welfare standard based on the Chicago School and the consumer welfare standard based on the post-Chicago school.Consumer welfare standards are based on consumers,opposing the waste of serious social wealth caused by welfare transfers and the increase in total social welfare at the expense of overall consumer welfare.Compared with the social welfare standard,the consumer welfare standard is more in line with the ultimate goal of the antitrust law,embodying social fairness and justice,and has independent and applicable value in various actions of the antitrust law,and it is more convenient in operation.At the same time,under the influence of the United States,the European Union,more and more countries and regions have adopted consumer welfare standards.In order to resolve conflicts and safeguard social public interests,respond to the basic status of competition policy,and comply with the development of international legal practice,the implementation of China's antitrust law should also establish consumer welfare standards as a basis for market behaviors that have monopolistic illegality.Regardless of whether it is in the judicial or administrative law enforcement,the consumer welfare standard as a kind of evaluation standard requires a specific way to evaluate and judge the increase or decrease of welfare.In practice,it is refined into a price-output analysis method and Consumers choose analysis method.Price-output mode is mainly based on the relationship between supply and demand.The main measures include price,cost and quality factors,and more are used in practice.However,due to the limitations of consumer preferences,the measurement of non-price factors,and the complexity of monopolistic behavior in the new economic situation,this traditional antitrust analysis approach is in a dilemma,and consumers choose mode can compensate for the difficulty of price-output mode relying on its advantage of non-price field to a certain extent,which can improve the comprehensiveness and stability of consumer welfare standard regulation,and jointly explain consumer welfare standards.The development direction of the antitrust law in the new era should be based on the consumer welfare standards,and comprehensive analysis of specific cases should be conducted in a variety of ways.