| Since entering 1990s, three major variation tendencies of the international economy: The economic globalization, networked, economic knowledge of economy (information) melt more and more obvious. This three major variation tendencies have promoted the forming of together. Under the new economic condition, with the fast development of the network technology and IT technology, the ones that begin by industrial economy times in the organizational forms of enterprises move towards the horizontal integrated trend longitudinally integratively, strategic alliance, fictitious enterprise increase rapidly, the scale of enterprises is expanding constantly, especially in some new industry with stronger network effects, the scale , concentration degree of the market of enterprises are the industrial economy the competitive trade enterprises of times are incomparable . However, their efficiency has numerous company's competitions more than those, there is no market efficiency of monopolizing structure high.Concentration degree corner the market than a high one more efficient than with numerous small enterprises market, because the enormous change of the market environment. Under the new economic condition, because of the improvement of the organizational form of engineering level and enterprise, make , enter barrier drop , sink cost reduce , form a new one but competitive market, strengthen " potential competition " of the market. In addition, economic globalization , industry merge , the transformation of the market sovereignty, " competition in place " of enterprises is improved notably too, has formed the omni-directional competition pressure, this enables the enterprises on the market, even if monopolize enterprises, does not dare to carry out the behavior of monopolizing easily either, damage market efficiency. Modern to monopolize relation with competition take place obvious transition, monopolize and does not hinder the competition from, suppress the technological progress no longer, promote the technologicalinnovation instead, impel the competition to develop towards advanced stage, at this moment, market monopolization is mainly shown as the efficient structural form of monopoly.So, must carry on innovation to the traditional antimonopoly law based oa school SCP model of Harvard. We have proposed the following several points: (1) Comply with the pure restriction monopoly position in antitrust goal, protect competitor interests regard promoting the competition to transfer to as from promote technological innovation, maintain consumer interests raise market efficiency angle maintain the market order. (2) The target that the antitrust regulation is made should change from the structure of monopolizing into monopolizing the behavior, should protect, support the efficient monopoly structure. (3) The means of the antitrust structure is changed into adjusting indirectly frely from the traditional direct intervention market in conformity with marketization, introduced to the competition mechanism of the market. (4) Though, under the new economic condition, market monopolisation is mainly shewn as the efficient monopoly structure, in some cases, get rid of structure of monopolizing to monopolize that behavior transform, so antitrust focal point to prevent structure of monopolizing to monopolize the behavioral transformation, once monopolize and is shown as and monopolized the behavior, the antimonopoly law should be prevented immediately.And the anti-monopoly of our country legislates, should pay attention to the following several points: (1) The antimonopoly law is not to replace the market, every market can solve, is solved by the market, only the market could not solve, is solved by the government. (2) Monopolize outstanding characteristic to of our country administration, should monopolize as of our country focal point that anti-monopoly legislate administration. (3) Regard it as the key goal that the anti-monopoly of our country legislates to promote economic efficiency. |
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