Economic Analysis Of The Anti-monopoly Law

General, Law and Economics as a modern discipline, its emergence in the 1960s of the United States. Prior to this, the anti-monopoly economics, industry control policies, such as tax policy or the impact of the system on the already very large.Chicago School view since the 1970s began to affect the United States anti-monopoly policy and become the dominant theory of economics. Not only their views by the Supreme Court's decisions and documents adopted by the government, and several representatives of this school, such as Posner and Easterbrook also become a federal appeals court judge.Although the school's perspective in recent years by the challenge, but on the United States anti-monopoly policy implications still persisted.Chicago School theory of neo-classical economics that economics is the study of scarce resources under conditions of choice behavior.Neoclassical economics is that rational individuals to maximize its effectiveness, while businesses maximize their profits. People based on adequate information for decision-making. Marginal analysis is the new classical economics and classical economics an important distinction.Chicago School focused on market performance analysis. First, the Chicago School scholars "have a certain market share of large enterprises through the use of market forces to obtain high profits," This is skeptical.Chicago School view here is focused on the theoretical analysis of the market phenomenon and not just a one-sided observations. Second Chicago School view that economic efficiency should be allocative efficiency and productivity of the two measured. monopoly pricing for large enterprises doubtful about the feasibility, on the other hand, the school of thought that believes: Even if monopoly pricing reduced distribution efficiency, but anti-monopoly policy response to both the production and distribution of a full measure of efficiency, because the scale the expansion can improve production efficiency. Reasonable balance between anti-monopoly policy can achieve the maximum economic efficiency. Again, the bundle, resale price maintenance and predatory pricing practices, the Chicago school that they are not the monopoly of access to rational behavior. Finally the Chicago School view that anti-monopoly is not a monopoly of the birth from the consumers or competitors to the monopoly of the transfer, but because the monopoly caused social welfare net loss.At present, not only in the United States but in the European Union as well as Australia, New Zealand and other Western countries to hear antitrust cases Economic Analysis of the different degrees of attention. Economic Analysis of the impact mainly in three aspects First, in economic theory to explain laws and regulations and the rules of jurisprudence; Second, in the litigation process used in the analysis of economists as evidence or reference; three judges studying economics knowledge, the scientists employed as assistants or consultants, or in the anti - Monopoly implementing agencies or the court added economists, and even a professional court's recommendations. Economic impact of the theoretical development of the implementation of the anti-monopoly; adopted the analysis of the economics of it is based on the need for anti-monopoly itself.A monopoly on the production elements of the possession. This kind of production of the essential elements of the production, including both tangible factors of production, such as natural resources, labor, capital, and so on, it also includes some intangible technology and intellectual property and other production factors, such as patent, trademark or brand , and other intangible property, as well as by the Government to give a business franchise, tariff quotas, import licensing, and other specific industry trade policy, such as the benefits. Who was the monopoly of the factors of production, will be a production monopoly.Formulation and implementation of the anti-monopoly law to protect free and fair competition order is a modern market economy countries under the conditions of the economy and an important way to one of the means for China to perfect the socialist market economic system the necessary legal basis. Competition is the essence of the market economy and the basic operating mechanisms, and the market itself will not guarantee free and fair competition, on the contrary, are often contains undermine free and fair competition seeds. Therefore, the modern implementation of a market-oriented economy countries through the development and implementation of the anti-monopoly law to prohibit illegal restrict competition, maintain order and free and fair competition in the economic vitality of their businesses and to enhance the competitiveness of the entire economy. In some Western countries, the anti-monopoly law even been called the "economic constitution" and "the cornerstone of the market economy", "Magna Carta of free enterprise" is well demonstrated by its importance. At present, China is deepening reform in the crucial stage, and in establishing and improving the socialist market economic system in the process of the anti-monopoly law is a necessary legal basis. China enacted anti-monopoly law and the development of economies of scale industrial organization policy does not exist contradictions. Some people worry that the anti-monopoly law will hinder the development encouraged by the state enterprise, mergers and not conducive to the formation of a number of economic "aircraft carrier" and not conducive to the strengthening of our international competitiveness of enterprises, not conducive to the realization of economies of scale. However, the anti-monopoly law is not all opposed to large enterprises, not against the economies of scale, only against those substantive restrictions and damage competition and the law of a monopolistic behavior. Despite all the anti-monopoly law in the legislative model and the specific contents are still differences, but the basic elements of modern anti-monopoly law by the main system to prohibit abuse of a dominant position, restricting competition prohibit joint enterprise system and control system combining the three pillars, also including certain legal restrictions on competition or the permission of exemption provisions. Anti-monopoly law on the maintenance of the main economies of scale through its monopoly status or allow their monopoly position and exemption from the provisions of certain of monopolistic behavior to achieve. Such coordination of the anti-monopoly law makes the maintenance of free and fair competition is not at the expense of the cost of economies of scale, on the contrary, can under certain conditions, and to a certain extent on the realization of the reunification of the two. Anti-monopoly law in the protection of free and fair competition at the same time, promote the development of economies of scale. Of course, economies of scale itself does not mean that larger the better benefits, it has its own limits, enterprise scale developed to a certain degree, due to increasing internal management costs, such as the possible reasons for the decline in effectiveness, the size of a so-called not economic. Moreover, the monopoly of large enterprises or organizations as economic forms of organization, their own is neutral, and it was only because of large enterprises have been easy to implement restrict competition, the competition is the order of the greater impact, it is often more influenced by the anti-monopoly law "care." Anti-monopoly law and national development policies of economies of scale industrial organization does not necessarily contradictory, the two can interact and constraints, we can prevent one-sided emphasis on industrial organization policy and severely restricted competition in the market, can also prevent excessive anti-monopoly at the expense should be Some economies of scale. In after joining the World Trade Organization, China enacted the urgency of the anti-monopoly law to further prominence. Although the present WTO rules are not members of the domestic competition law system is a clear requirements or similar provisions of the minimum standards of intellectual property protection, but some of its principles and rules needed to be adopted, including the domestic legislation of the anti-monopoly law to be implementation, in particular the country's "accession to the WTO", on market access, trade liberalization and commitment to non-discriminatory treatment to a large extent depends on the formulation and implementation of anti-monopoly law can be realized. At the same time, develop an anti-monopoly law can be avoided as far as possible in accordance with the rules of the WTO trade disputes arising. Although the rules of the WTO is to bind the members of government action, but the competition between private acts often involve the Government, not to mention the existence of a large number of acts of the Government of administrative monopoly. If China's serious administrative monopoly can not be effectively controlled, or the government monopoly on the economy to be tolerated or ineffective stop, then there were other members of the WTO dispute settlement mechanism according to the possibility of complaint.