On Protection Of Small And Medium Enterprises By The Anti-monopoly Law

The Protection of small and medium-sized enterprises occupiesa very important position in the economic and social life of thevarious countries. It played a huge role in promoting economic growth,increasing employment, promoting technological innovation,safeguard national economic security. Caused by free competition,market concentration, market concentration reaches a certain levelwill have a monopoly, but the monopoly in turn restricts competition.Compared to and large enterprises at a disadvantage, they do not haveenough strength and large enterprises to compete, you can not evenget the equal opportunity to participate in the market competition.In many cases, large enterprises disrupt the order of marketcompetition, the Protection of small and medium-sized enterprisesbecome victims. AML is a market economy, the Basic Law, known as the"Magna Carat of the market economy, and its main role is to maintainthe order of competition, to exclude various acts to restrictcompetition, for the parties to the main players in the market tocreate a fair participation in a competitive market environment.Therefore, to protect the Protection of small and medium-sizedenterprises is the proper meaning of the antitrust laws. This article is for specific in-depth study on China’s"anti-monopoly law," in this issue of the relevant aspects of theperspective of the entire article entry point to the antitrust lawsto protect the development of small and medium-sized enterprises asa research focus from the antitrust laws for The Protection of smalland medium-sized enterprises the universality protection andparticularity protection provisions to be discussed and analyzed interms of the anti-monopoly law to protect small and mediumenterprises pathway. Made a systematic exposition, looking toidentify problems, and on some of the inadequacies of its ownproposals.This paper is divided into four parts:The first part discusses the probability of antitrust laws shouldprotect The Protection of small and medium-sized enterprises. Firsttwo angles defined method and related laws made the SME definition,The Protection of small and medium-sized enterprises play a huge rolein the process of economic development in China through a series ofdata description, expounded China’s small and medium enterprises ina disadvantaged position in the market competition. Then analyzedmonopoly against the Protection of small and medium-sized enterprises Finally, further analysis of the protection ofantitrust laws for the Protection of small and medium-sizedenterprises and reason, antitrust and SME protection inherent valueunified argument from both economic theory and legal theory.The second section deals with the protection of China’santi-monopoly law on the Protection of small and medium-sizedenterprises path. The path of our antitrust laws protect theProtection of small and medium-sized enterprises can be divided intogeneral protection and particularity protection, general protectionby monopoly agreements, abuse of market dominance, concentration ofbusiness operators, administrative monopoly regulation, to createa fair competition environment. Particularity protection mainlyrefers to the system of exemption.The third section discusses the provisions of the protection offoreign anti-monopoly law on the Protection of small and medium-sizedenterprises and the Implications for China. Combing and analysis ofthe law of antitrust legislation in the United States, Japan andGermany in the protection of Contrast to Germany, the U.S., Japanand the extraterritorial experience in this regard, you can see theprotection of the antitrust laws for the Protection of small and medium-sized enterprises to be realized from the prohibition ofillegal monopoly exemption regime and the establishment of small andmedium enterprises.Part four discusses suggestions for improvement of the systemof protection of our antitrust laws the Protection of small andmedium-sized enterprises. This section mainly learn from foreignadvanced experience in legislation, the definition of small andmedium enterprises from the Perspective of Antitrust Law, the threeaspects of the substantive provisions and procedural provisions ofthe antitrust laws protect the Protection of small and medium-sizedenterprises for its defects corresponding suggestions forimprovement.In this paper, some new ideas in research and conservationperspective of the Protection of small and medium-sized enterprisesissues. Antitrust introduced previously, few scholars antitrustprotection the Protection of small and medium-sized enterpriseslinked, mostly from the perspective of national policy for theprotection of SME issues to argue, In view of the important role ofthe antitrust laws to promote the development of market economy, Ihope that the antitrust laws in the protection of the special role of the Protection of small and medium-sized enterprises and foundhimself summed up by the antitrust laws protect competition mechanismtheory system research, summarized insights. Hopes to promote abetter existence and development of small and medium enterprises inChina’s market economy.