解讀美國反托拉斯法適用中的合理規則 : 兼論英美法上“貿易限制合同”案件的處理模式
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
Research output: Journal Publications and Reviews (RGC: 21, 22, 62) › 22_Publication in policy or professional journal
|Original language||Chinese (Traditional)|
|Pages (from-to)||49 - 64|
|Journal / Publication||太平洋學報|
|Publication status||Published - 2010|
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 ofAnglo - 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 imp lement ofAntitrustLaws in the subsequence. The progress of Rule of Reason is totally characterized timely and self - innovatedly and enlightens the realistic path to formulate the legalmethodology for the Chinese Antimonopoly Law.