企业合资行为的反垄断法考察

The Antitrust Laws' Assess of Joint Venture Act

不当的合资行为因其与垄断的密切联系,可能造成对现有竞争秩序的破坏,对市场经济带来危害。因此,规范企业合资行为,有效防止企业利用合资的合理、合法外衣,从事限制竞争行为,降低企业间串谋的可能性,成了反垄断法研究领域的新课题。试从合资行为的概念、合资行为限制竞争的种种表现分析着手,对反垄断法规制合资行为的实体规则、程序规则和执行机构进行设想和探讨。

<Abstrcat>Because of easymaking relationship between joint venture and monopoly, it's improper act will be able to do damage to competition order and market economy. Regulating act of the joint venture is a new study area of antitrust laws by preventing enterprises from anticompetition conduct, reducing probability of conspiracy which make use of the reasonable and lawful appearance of joint venture. Based on the analysis of the norm of the joint venture, all anticompetition conducts of the joint venture, this paper offers the assumptions on substantive law, rule of procedure, enforcement agencies which should be considered for the regulation of joint venture act.