On The Tacit Complicity Of Anti - Monopoly Law

This thesis comprises six parts and the main content of each chapter is as follows:Chapter One is to introduce the problem that tacit collusion appeared in the game between trust and antitrust. Until antitrust laws were stipulated, the restrictive competition behavior in U.S. and Europe had always been disclosure, which turned to be confidential as the laws enacted in succession. To conceal their collusion, enterprises began to replace confidential agreement with acquiescent contract, thereby came out so called tacit collusion.Chapter Two, which discusses the definition, nature and expression of tacit collusion, draws a conclusion that it needs a special logic approach to regulate tacit collusion. Firstly, with a comparison between different theoretical of tacit collusion in various countries, the writer figures out the terminology in the following discussion. Furthermore, by illustrating the distinction of tacit collusion from overt collusion, the writer comes to the conclusion that a special regulating approach is needed.Chapter Three introduce a logic approach to deduce the establishment of tacit collusion by facilitating practice. Firstly, the writer elaborates systematically the nature and expressions of facilitating practice. Secondly, the writer illustrates the feasibility of the approach by analyzing"oligopolistic interdependence"theory and establishes the approach finally.Chapter Four points out the assistant function of economy analysis of market condition to cognizing tacit collusion. Market condition analysis, which comprises market structure and product feature, with different factors leading to distinct market, is a supplement of"facilitating practice"method.Chapter Five makes a suggestion for Antitrust Law of our country to regulate tacit collusion. Firstly it analyzes the necessity and feasibility of Antitrust Law of our country to regulate tacit collusion. Then, it introduces the legislative model and enforcement model provided in《Antitrust Law of PRC》(draft) and other related documents.The conclusion points out that tacit collusion is an inevitable consequence of the development of market economy and legal society in china and any other countries. The analyzing approach of"facilitating practice", assistant with"market condition"method, is appropriate in China and is to make contribute to realize the legislative objective of antitrust law.