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On Coalition Restriction Of Competition Law Regulation System

Posted on:2006-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhaoFull Text:PDF
GTID:2206360185472059Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The co-confined-limit competition behavior, means two or more than two independent market main bodies adopt the agreement, resolution, tacit agreement or other consociate ways and resolve the price, production, sale volume, commodities or service quality, trading customers & areas, etc .to limit the competition.. The system of co-confined-limit competition behaviors banning is the part which takes the most concerns & severe punishments. The market scale economy of our nation develops immature, the market competition system is not complete. Some co-confined-limit competition behaviors have broken the free fair order of market competition, which also hurt the legal benefits of other runners & consumers', resulted in an unreasonable installed social resources, at the same time, it hinders the development of our social economy. So it's very urgent to establish a systematic, complete rules.Analysis on the value of co-confined limit competition behavior's legal system: co-confined limit competition behavior's legal system means how to define & punish by legalmeasures. It's very important & could be analyzed from the following aspects: ①It is to protect a free fair competition order from the point of market economy; ② It is to protectthe whole economic results for the market economy means competition economy; ③It is to protect the weak, esp. the consumers' benefits.Analysis on the legal system of co-confined limit competition behavior's: ①On the main body, doers are constituted by many independent market main bodies, eg, line association & stockholders' meeting ;②On objective part ,t here is collusion or co-ordinationsamong behaviors; ③On subject, the main bodies restrict or reject a free & fair market competition system,, or hinder & hurt the other runners' legal benefit by collusion or co-ordinations;④On subjective part, the behavior is illegal & hurts benefits of the managers &consumers' which results in limit competition; the manifestation of co-confined limit competition includes three forms, they are contract or agreements that restrict competition, decision of the organization, and co-ordinate behavior.The legal system of co-confined limit competition have two principles, oneself breaking the rules principle and reasonable principle, which are important basis applied to judge the...
Keywords/Search Tags:co-confined limit, competition, rule, system
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