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英國法上早期壟斷類型研究: 對亨利三世到查理一世時期制定法和判例的簡略考察

Translated title of the contribution: On the Types of Monopolization and Extending It: Focused on the Statute Laws and Decision Laws in the Early Stage:Henry Ⅲ to Charles Ⅰ in England
  • 陳兵

    Research output: Journal Publications and ReviewsRGC 22 - Publication in policy or professional journal

    Abstract

    England monopolization composed of three types of pricing controlled by traders,guild monopolies and national monopolies by royal patent in the early stage which was mentioned from Henry Ⅲ to Charles Ⅰ. Although the advent of those were in order,there was not the situation in which one was totally instead of another and the older would be eliminated completely. The co-existence of the three reflected the historical process in which the local and individual monopolies transferred to local and organization monopolies,and furthering to national individual or organization monopolies. The special factors including development of economy and progress of technology etc. played an important role in the aforesaid transformative process. With the time flies,the core elements about monopolization were preserved and recorded via the development of the decision laws,statutes and other elements,particularly succeed by the United States of America through whose antitrust laws influenced and are affecting the construction and development of anti-monopoly laws all over the world in spite of the derogations of the older England monopolizations which are still the essential factors for us to analyze the experiences and practices of regulating the monopolies under common law context.
    Translated title of the contributionOn the Types of Monopolization and Extending It: Focused on the Statute Laws and Decision Laws in the Early Stage:Henry Ⅲ to Charles Ⅰ in England
    Original languageChinese (Traditional)
    Pages (from-to)100 - 107
    Journal時代法學
    Volume7
    Issue number6
    Publication statusPublished - 20 Dec 2009

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