美国反托拉斯法目标多重性形成原因的历史探讨

An Inquiry into the Causes for the Multiple Goals of the United States Antitrust Law from Historical Perspective

历史表明 ,美国反托拉斯法从一开始就不是像罗伯特·博克所说的只有一个目标 ,即消费者利益的最大化或者说经济效率。不同的利益集团和不同地区的代表在第 5 1届国会上的较量就决定了谢尔曼反托拉斯法在目标上的多重性。共和主义的权力均衡理念、自由主义的产权观、古典经济学的契约自由和新古典经济学的市场价格学说也对这种多重性产生了重大影响。在此后一百多年的发展过程中 ,美国反托拉斯法因为整个管制体制的变化而在目标上与时俱进 ,在不同的历史时期有不同的侧重点 ,诸如重整市场、稳定经济、加强社会关注和提高经济效率等等。因此 ,美国反托拉斯法在目标上的多重性从历史的角度来看应该是不争的事实。

It is not the case as Robert Bork claims that the U.S. antitrust law had only one goal=maximization of consumer welfare of efficiency-at the very beginning and should have been kept in that way for its later development.Partly because of the fighting among different interest groups as well as spokesmen of different regions at the 51 st Congress,the Sherman Antitrust Act came out as a legislation with multiple goals which were also taking shape under the influence of the Republican idea of balance of power ,the liberal belief in property rights,the freedom of contract of classic economics,and the price theory of neoclassic economics.In more than one hundred years after that,the U.S.antitrust law has shifted the center of its goals as a result of the change of regulatory regimes with different emphases such as market function,economic stabilization,social concern,and economic efficiency during different periods.From historical perspective,it is beyond dispute that the U.S.antitrust law has had multiple goals instead of only one.