Legal Regulation Of The Joint Restriction Of Competition

The competition is a social phenomenon that more than two corpuses fight for the same target and excel the opponents. Where there is market, there is competition. It makes the limited social resource reasonable install and the economic performance optimization. But there are somehow pressure and risks in competition. So competitions tend to limit it. This paper carries on a research in consociation-limit competition behavior.The consociation-limit competition behavior, means two or more than two business enterprises or behavior persons, adopt the agreement, resolution, tacit agreement or otherconsociate ways to limit competition. Its main characteristics lie in: (1)Behavior persons are constituted by many independent corpuses; (2)There is collusion or co-ordinationsamong behaviors; (3) The results of limit competition; (4) The consociation-limitcompetition behavior is usually acted under certain condition and environment. According to anti-monopoly laws in all countries, the manifestation of co-confined competition includes three forms, those are contract or agreements that restrict competition, decision of the organization, and coordinate behavior. The consociation-limit competition behavior can be classified from different angles, among them, based on different management stage of the enterprise, it can be divided into horizontal and vertical behavior; based on the meaning expression form of the companies, can be divided into negotiate and tacit behaviors; based on the contents, can be divided into promoting and impairing behaviors. Above all, the classification on horizontal and vertical behavior plays important significance on laws of competition. The laws pay different attitudes on the two behaviors.The theoretical basis on consociation-limit competition behavior rule systems mainJy involved in free competition theories, economic efficiency theories and protecting consumer rights theories, etc.The free competition theories basic request competitions under the condition of same market, according to same market rule, attend or withdraw the competed market independently in the process of supporting freedom on principal of market economy. The anti-monopoly laws carry out the purpose of maintenance competition freedom mainlythrough controlling different behaviors that hinder free competition. The main idea of the anti-monopoly laws is to uphold free competition.The economic efficiency theories show that, efficiency is carried out mainly through competing under the condition of market economy. For competition is spring of market economy, through which the subject of market can improve management, technique level, quantity, and service on the condition of competition motive and pressure by survival of the fittest, thus promote national economy and benefit consumers.Protecting the consumer rights theories think that consumer is natural person who purchase, usage merchandise or accept service. It is necessary to rule limited competition behavior create a fair public and normal competitive environment, so that consumers can benefit from full, free, proper competition.Co-confined competition is popular in market economy, and is rule adjusted by many countries' competition laws. In the process of rule adjusting co-confined competition, two principles which are oneself break the law principle and reasonable principle are important basis applied to judge the behavior break the law or not. Those principles are found in the case laws of the US successively, they are introduced there. The former principle is exact certainly breaking the law principle, which can offer clear direction to natural person, and save resources of justice. The latter principle is whether form the competition of limiting to some behaviors in fact, and forbid legally, not because treat as the same, but need to judge and assert the motive, behavior and consequence of enterprises after being investigated cautiously.The rules of consociation-limit competition behavior mainly include two aspects: the one is horizontal-restriction rule. Horizontal restriction the function of mechanism of competition runs normally, and it damages benefits of competitors who are beyond collusion directly. The paper has discussed the components of horizontal restriction, further elaborated its manifestation. The other is limited lengthways. The competition laws have more tolerant for its characteristics and its results of aggressive and negative influence to economic life. The forms of limited lengthways are various, mainly including exclusive trades' agreement, special permit agreement, selective trades' agreement and trades in company, etc. The functions sanctions are similar to that of horizontal restriction, including announcing consociation invalid, administrationsanctions, civil punishment; criminal punishment ,etc.There are rules of exception or provision in anti-monopoly laws of all countries, because the values of anti-monopoly laws are not unique. The immunities in horizontaland vertical rules includes that: ?the behaviors that benefit for improving merchandise or sale, or benefit for promoting technique or economy develop; ?The behaviors that consumers can share from those benefits; ?The behaviors that confine relevantenterprises not for the attains that have mentioned; ?The behaviors that don't provideopportunities to those enterprises whose productions can avoid competing.The consociation limit competition behaviors in our country manifest that; the economic entities list price in union; limit price competition. The enterprises maintain to restrict production for high price; the agreement to conspire to bid; exclusive trades agreement; selective trades, etc. But our laws about behaviors that restrict competition is not perfect, we should rule the consociation-limit competition behaviors systemically and completely through anti-monopoly laws according to our fact. In my opinion, we should rule to the consociation-limit competition behaviors through anti-monopoly laws from following aspects: Establish consociation limit competition in suitable way; Define scientific rule scope of the consociation-limit competition behavior; Build up the immunities of the consociation-limit competition behavior; Rule systemically functions.The competition is the inner-motivation of the economic development, the socialism market economy of our country want to keep the effective competition mechanism, must from protecting competition, maintenance competition the order set out, establish to include the consociation-limit competition behavior law to control system inside of competition law system.