On The Principle Of Reasonableness, In The Antitrust Laws

Rule of reason is a judicative rule to test the legality of the behaviors in restraintof the competition in American Anti-trust Law. Its basis is the reasonableness test. Thereasonableness test deals with the anti-trust problems with economic ideas, whichcompare the social cost of a restrictive behavior with its efficiency benefits. If theefficiency benefits overcome the cost, the behavior is reasonable. Thus it should belegal. Anti-trust law is the basic law in charge of market economy, and is in pursuit ofthe free competition and economic efficiency. This makes the reasonableness testbecame a necessary analytical method in anti-trust law.The Anti-trust Law of China now is on the agenda, and the draft of the law hascome into being. The reasonableness test should definitely be an important analyticalmethod in the law so as to promote the market economy in the country. However,instead of a legal rule, reasonableness test is a mode in economics, and is completelyabstract. Rule of reason represents the reasonableness test in rules of the lawconcretely. Therefore the clear understanding of rule of reason is quite necessary forChina's anti-trust legislation.This thesis focuses on the agreements, decisions and the concerted practicesregulated in anti-trust law, because rules on these practices is the main part of the law.The thesis starts from the historical development of rule of reason;explains the per seillegal rule which relates close to rule of reason;tries to find out what rule of reason islike;and figures out problems as how rule of reason applies, what the presumption ofthe rule from the foregoing parts. Also the rules in the EU and German competitionlaws are introduced and analyzed in the thesis, because these are statutory rules whichconcern a lot to reasonableness test and have brought about the discussion about ruleof reason and the statute law. Finally on the basis of full understanding of thereasonableness test and rule of reason, this thesis gives several propositions on theanti-trust law of China, and comments on the latest draft.