On The Applicable Principles Of The Anti-monopoly Law

Perseillegal and the rule of reason are two important standards of the United States to determining whether monopoly and monopolistic practices the principles of law inthe development of long-term anti-monopoly judicial practice. These two standards arecollectively referred to as the Illegal confirmation standard of anti-monopoly law. Antitrustlaw is an important legal regulating market competition; Westerners call it the “economic constitution”. However, antitrust law has inherent uncertainties, mainly in three areas: theuncertainty of the language, the monopoly itself and the anti-monopoly value targets. Theuncertainty of the antitrust law determines that the activities of antitrust law explanation are very important for the implementation of the antitrust law. In the beginning of the Sherman Act, Simplistic legal provisions and the complex economic activities make the Sherman Act almost does not have any practical guidance and operability. In this context, the court enabled the rule of reason to analyze cases, in order to make a mechanical explanation to “trade restrictions”. However, the rule of reason study focused on the purposes of conduct and consequences, this increases the cost of judicial review, coupled with the long-term judicial practice, the court found that certain types of behavior must be illegal, so the court classified this type of behavior to the per se illegal activities.In fact the application of the rule of reason and per se rule in antitrust cases in the United States was not a clear, entirely different state. It is constantly evolving. Now, only some monopoly agreements which closely related to the price will be considered necessarily illegal. If an act can’t be classified per se illegal, then, It will be applicable to the rule of reason. But the complex economic analysis and the high cost force court to make Innovation, it is the simple rule of reason.Chinese Antitrust law implemented in 2008, the lack of anti-monopoly legislation and judicial experience make the law is full of obstacles in the implementation process. The judiciary hearing experience and ability are short. In addition, with the development of economic globalization, domestic and foreign market competition is more intense, our task to improve the efficiency of the market economy is more urgent. Therefore, at this stage our Illegal confirmationstandard of anti-monopoly law should make per se illegal based, supplemented it with the rule of reason. Improve the per se illegal act, and explore the specific standards of China’s simple rule of reason.