解读美国反托拉斯法适用中的合理规则——兼论英美法上“贸易限制合同”案件的处理模式

Rule of Reason in the Implement of Antitrust Law in the United States--Discussing on the Managing Mode the Contracts in Restraint of Trade in Anglo- American Law

合理规则作为美国反托拉斯法适用的一种基本方法,其产生问题一直是我国学界争论的议题。本文从帕克规则在英国法上贸易限制合同案件的最早适用情况入手分析,比较了帕克规则与合理规则之间的关系,认为帕克规则为合理规则在美国法上的生成奠定了基础。在美国法上,合理规则作为一种规制限制贸易与竞争案件的基本方法,是通过其在19世纪下半叶州法院处理部分性贸易限制合同案件活动而得以确立的,并发展为美国反托拉斯法适用的基本规则。这一演进过程中,充分体现了合理规则生成的时代性与自创性特征,启示了我国《反垄断法》法律方法设计的现实主义进路。

As the fundamental methodology about the implement of Antitrust Law of the United States, the birth relevant to Rule of Reason is a hotly debated issue in the Chinese academic community. Analyzing the situation about the application of Parker＇ s Rule in dealing with the cases as to contracts of restraint of trade at the early stage of Anglo - Saxon Laws and comparing the differences and relationships between Parker＇ s Rule and Rule of Reason, the article observes that the former is the founder of the latter. As a basic methodology to regulate the cases restricting the trade and competition, Rule of Reason was established through the process in which states＇ courts regulated the limited contracts in restraint of trade in the second half of 19th Century and developed as the fundamental rule of the implement of Antitrust Laws in the subsequence. The progress of Rule of Reason is totally characterized timely and self - innovatedly and enlightens the realistic path to formulate the legal methodology for the Chinese Antimonopoly Law.