A Study Of Posner's Theory Of Anti-monopoly

Richard Allem Posner (1939-) has been one of most outstanding legal economists since the 1970s. He respectively applies the economic theory of people obtaining benefit from mutually transaction and the market economy principle related to economic efficiency to the legal system and the research of the legal science theory, laying theoretical foundation for the legal economic research, thus he has made remarkable contribution to the development of the general legal science theory. In the field of anti-monopoly, Posner elaborates his view of anti-monopoly by economic analysis.The essay falls into three parts. The first part of this article elaborates the background, development and its the elementary theory of economic analysis of legal science from the visual angle of economic thought, building the theoretical structure of legal science, economics and pragmatism for Posner's anti- monopoly view.The second part examines Posner's anti- monopoly view. Monopoly has its cost, having complex and flexible relations with price, competition and effectiveness. The present American anti-Trust law needing improving, anti-Trust access of exclusive behavior, new economical anti-Trust, law enforcement of anti- Trust, etc are the problems involved and examined by Posner's anti-monopoly view. From the pondering and examination of these problems, Posner's anti- monopoly view of "emphasizing efficiency, flexible feasibility" has been reflected.The last part combines Posner's anti-monopoly view and experiences of US anti- Trust with our country's anti- monopoly problem.