The Criteria Of Concluding Or Implementing Monopoly Agreements

Concluding or implementing monopoly agreements is a critical link to estimating constitutive elements and legal liability.The criteria of concluding and implementing monopoly agreements have existed in RPC,U.S,EU and Japan,however,the existing criteria are dispersive rules under specific institutions.In fact,the criteria of concluding or implementing monopoly agreements are influenced by elements including the purpose of AML,the action structure of monopoly agreements and the market where monopoly agreements occur.Therefore,the criteria of concluding and implementing monopoly agreements should be a system consisted by analysis paths,principles,and rules.Among these three parts,the analysis paths are tools to resolve monopoly agreements,which including path of concurrence of will and path of consequence of action.The principles,which are extracted from purpose and value of AML,are including principle of reasonable prediction,principle of proper deterrence,and principle of economic efficiency.The rules are detail criteria divided by type of monopoly agreements,which can be recognized as the combination of analysis path and principles.The main text is consisted by the following parts:The introduction raises the problems extracting from criteria of concluding or implementing monopoly agreements.Despite of the importance of the criteria in estimating constitutive elements and legal liability,scholars from China and overseas do not provide enough explain for these problems.Chapter Ⅰ provides the institution background of the research as describing the criteria of concluding or implementing in antitrust institution of China,US,EU and Japan.The judgment of concluding or implementing monopoly agreements is for requirement of estimating constitutive elements and legal liability.Chapter Ⅱ illustrates the analysis paths of concluding or implementing.Analysis path of concurrence of will takes the expression of intent as a tool of further analysis,which focuses on subjective aspect.Analysis path of consequence of action looks at the damages,which focuses on objective aspect.Chapter Ⅲ illustrates principles of concluding or implementing.The principles are extracting from purpose and value of AML,which include principle of reasonable prediction,principle of proper deterrence,and principle of economic efficiency.Chapter Ⅳ illustrates rules of concluding or implementing according to different types of monopoly agreement as agreements,decisions and other concerted conducts.However,the detail rules are specified by combining analysis paths and principles.The Conclusion points that,systematic criteria of concluding or implementing is consisted by analysis paths,principles and rules.The dynamic combination of these three elements makes the criteria of concluding or implementing adoptable to different type of institution.