Concerted Practices Of Anti-monopoly Law Identified

The competition is the essential characteristics of the market economy, there is no competition that there will be no market economy, but the competition will also have a monopoly. From an economic point of view, the monopoly is the inevitable trend of development of competition, as long as competition exists, it will have to eliminate or restrict the presence of competitive behavior. Operators through various means in order to maximize their benefits will definitely seek a monopoly position to squeeze out competitors in the market competition, in order to take the excess profits. But we cannot do nothing because of this inevitable trend of the monopolistic behavior in the laissez-faire in the market economy, market economy is the economy of free competition, well, it is also a fair competition, not to mention the most monopolistic behavior would seriously impair the healthy development of the economy. Therefore, lots of country will be through the development of antitrust laws to the strict regulation of the market economy in monopolistic behavior, monopolistic agreements is the main form that the operators seek their monopoly profits, because the monopoly agreement can make the operators collaborate their market behavior. Relatively consistent market reaction allows operators to reduce or exclude competition in the market so as to realize its monopoly interests.Early market structure is not developed enough, there are not high market transparency and limited anti-trust law enforcement, the most monopoly agreement form is relatively simple, For example, operating mostly use the written agreement, industry associations, resolution or convene sectored coordination. For such a monopoly agreement, it is relatively easy to evidence their concerted practices. However, to examine the existing typical cases of monopoly agreements, we found that most operators have been rarely used to make agreement or resolution to reach a unanimous action, but tend to use indirect or more flexible, more subtle way to achieve monopoly agreement. As the continuous adjustment of the market structure as well as national anti-monopoly law enforcement increased, the costs and risks of illegal monopoly agreement for the operators is increasing. Therefore, it is more difficult to find their evidence. An anti-monopoly law enforcement agency is difficult to investigate and deal with the synergistic behavior of the monopoly agreement to achieve its illegal monopoly interests. Therefore, how to effectively, accurately identified the behavior of the monopoly agreement in a national anti-monopoly law needs to address a major theoretical issues.It is in such a condition, the definition of concerted practices is a key problem, a detailed analysis of the concept and characteristics of cooperative behavior in the anti-monopoly law, and then discusses the key elements identified synergistic behavior is necessary, as well as some of the problems existing in this process, and finally to offer the solutions for the problems identified collaborative behavior, in order to safeguard the market order and protect the fair and free market competition.