Research On The Rules For Determining The Illegality Of Horizontal Monopoly Agreements

The purpose of antitrust law is maintenance free competition of the market economy,guarantee the market play a role of the optimization of resource allocation,promote the progress of the society.According to the anti-monopoly law of the People's Republic of China(hereinafter referred to as "anti-monopoly law"),article 1,the task of our country anti-monopoly law is to"prevent and stop the monopoly,protecting fair competition in the market,improve the efficiency of economic operation,safeguard consumer interests and social public interests,promote the healthy development of socialist market economy".Along with the rapid development of the socialist market economy,the contradiction between monopoly and competition behavior growing,due to the complicated variety of the monopoly case in 2008,our country began to implement the law effect and unsatisfactory,and involves the anti-monopoly civil litigation cases,only a handful of plaintiffs case.In China anti-monopoly law in the process of implementation and the development of antitrust enforcement practice,the cognizance of horizontal monopoly agreements to apply which regulation has the problem in the more controversial,even the itself illegal principle and rational principle origin countries-the United States for horizontal monopoly agreements the cognizance of the agreement should be also experienced from the itself illegal to reasonable rules change.With the development of social economy,monopoly has become increasingly diverse,increasingly rich case material provides a horizontal monopoly agreements should be based on China's anti-monopoly implementing reflection of rules.But secure in the judicial practice of horizontal monopoly agreements should be identified with the practice of the anti-monopoly law enforcement agency to know good from the confusion and the logic of China's anti-monopoly legislation with horizontal monopoly agreements anomie and general fuzzy,about the horizontal monopoly agreements violations that become a bottleneck problem.Anti-monopoly law in China is itself illegal principle and the principle of reasonable control horizontal monopoly agreements,should fully consider our country national condition and cannot treat as the same.In this paper,the integrated use of case analysis,comparative analysis,law and economics analysis,law hermeneutic method,history method,such as research methods,from the general theory and practice two perspective both at home and abroad anti-monopoly law about horizontal monopoly agreements illegality recognition rules and the specific content of legal regulation,to explore China's anti-monopoly law of horizontal monopoly agreements should be recognized,and to understand the unity of judicial and law enforcement practice.Through combing the relevant theory and typical cases,summed up the more specific bifurcation and related revelation learnt to build horizontal monopoly agreements the cognizance of illegality in reasonable structural analysis paradigm and decision criteria.This paper mainly includes the following five parts:the first part is the introduction part,embarks from the shenzhen association of harmful biological control antitrust case,through the brief analysis of the extracted in this paper,the problems.And elaborated the selected topic background and research significance,the existing regulations and research results are reviewed,and expounds the research status at home and abroad and the development tendency,the brief introduction of the article discusses the ideas and research methods;The second part,through to the anti-monopoly law on the definition of "agreement",the connotation of the horizontal monopoly agreements,the itself illegal principle and rational principle historical evolution and the discrimination between the two aspects of theory analysis,investigates the general theory or principle of horizontal monopoly agreements concluded that;The third part,starting from the typical case from practice,summarizes the Chinese judicial trial and antitrust enforcement practice in understanding the bifurcation point,on the other hand,to the rules of horizontal monopoly agreements should be recognized outside of the concrete practice,mainly in the United States and the European Union,for example,expounds its horizontal monopoly agreements illegality recognition rules of experience and enlightenment;In the fourth part,in contrast with examining China's anti-monopoly law rules of horizontal monopoly agreements,combing our country antitrust legislation mode of the doctrine and refutation,review in the judicial practice in our country the application of the horizontal monopoly agreements illegality recognition methods and on the basis of academic analysis model and logic thinking,to clarify the rules of horizontal monopoly agreements should be recognized and applied in our country,to distinguish the obvious agreement,determine the cooperative behavior of two parts,with relatively hidden according to damage the rights and interests of other operators and consumers,the severity of eliminate or restrict competition,and the degree of social harmfulness points situation judgment,with reasonable structural analysis paradigm so as to realize the judicial and law enforcement practice recognition method of path.In the last part,the conclusion part summarized and sublimation,on the basis of above content,illustrates the conclusions of this paper,the horizontal monopoly agreements illegality recognition rules will provide a unified reference standard of judgment.Hopes to perfect our country anti-monopoly law on horizontal monopoly agreements illegality in essence,and to understand the unity of a certain contribution,promotes our country horizontal monopoly agreements should be identified in the theory of cognition and practice of judicial practice and development,and contribute to the antitrust laws in the field of theory development and practice in the field of application,to enhance its operability.