Confirmation Of Cooperative Behavior In China Antimonopoly Law

The core feature of the market economy is competition. Without competition without market economy, but competition can cause monopoly. In economy market, in order to realize biggest benefit businessmen will fight with their competitors by various ways. In this way, they can eliminate and limit the competition to seek for their own monopoly position, and benefit. So in certain condition, the monopoly is the necessary trend of the market economy. This monopoly will eliminate and limit the reasonable competition of the market economy in certain cases this is not good for the fine operation and healthy development. In this basis, many counties in the world use the anti-monopoly act to limit this act. Most typically is by using the anti-monopoly act to seek for the biggest economy benefit, so the act can realize the Cooperative behavior among the competitors. The main types of the act are contact, decision and the cooperative behavior. The early market has little transparent and the anti-monopoly organization has its own limit ability, this leads to the type of the anti-monopoly behavior which businessmen reached are very simple, usually by using contract, decision. And the anti-monopoly organization can easy to inspect this contract. But the development of the market and the ability increasing of the anti-monopoly organization, the contract, decision which the businessmen adopted has the higher risk and cost, so they little use the clear contract, decision to reach the cooperative behavior, they choose the hidden and the acts which are difficult to leave the proof to realize the cooperative act, thus to eliminate and limit the fine market competition together. These kind of behaviors are called cooperative behavior in the anti-monopoly act. They are not good for the healthy development of the economy market and damage the legal right of the consumer in certain case. So it is very necessary to confirm the cooperative behavior in the practice of the anti-monopoly act.The main cintebt of this paper is to confurm the cooperative behavior effectively in our country by on the basis of the own condition of our country, and learning advance experience of other countries in the confirmation of the cooperative behavior. The body has four parts:first is the basic theory analysis of the cooperative behavior. Firstly concept the definition of the anti-monopoly act. In this way, it can compact the comprehension of the cooperative behavior. Meanwhile, it also can make the detailed analysis of the feature of the cooperative behavior. Second, make the effective separation of the cooperative behavior and the same like behaviors, thus to say not all the behaviors are the cooperative behaviors which the anti-monopoly act defines. Third, state details the factors which concerned when confirm the cooperative behaviors. Second part is about the comparison research about the confirmation of the cooperative behaviors. Japan, America, EU and Russia are made the research about the confirmation of the cooperative behaviors and extend the advance experience which our country can learn. The third part is the discussion about the problems which our country in the process of the confirmation of the cooperative behavior. Firstly discuss in detail of the relevant regulations of the cooperative behaviors and indicate the "anti-monopoly act",prohibited agreements of the administrative department for industry and commerce monopoly","regulation about the anti-monopoly price" for the problems which existed during the confirmation of the cooperative behavior. Secondly, make the relevant discuss about the problems which meet during the confirmation of the cooperative behaviors. The fourth part based on the analysis of identified cooperative behavior, on the basis of the problems encountered in the process of combining with the actual situation in our country and draw lessons from the advanced experience of other countries in this respect, to our country antimonopoly law on cooperative behavior cognizance system put forward some improvement opinions. First legislation on cooperative behavior, puts forward some superficial Suggestions, then proposed that cooperative behavior of several methods:One is by using ways of various proofs. Second is observe parallel act and investigate auxiliary act. Third is use inversion regulation of the proof, forth is eliminate and push the indirect proof. The author in this paper hope to provide certain theory support for the confirmation of the cooperative behavior thus to improve efficiency of the confirmation, investigate and treat the cooperative behavior, thus can maintain the order and healthy development of the economy market and finally can protect the fine benefit of the consumers and businessmen in the competition of the economy market.