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Research of the theory of public interest of the drafted Anti-monopoly Law of China |
LI Guohai |
Law School of Central South University, Changsha 410083, China; |
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Abstract The concept of public interest is the core concept of anti-monopoly law, whose core position is embodied in two aspects: On one hand, the concept of public interest is the ideological basis of generating modern anti-monopoly law; on the other hand, it serves as a platform for integration of multi-value of anti-monopoly law. The function of public interest concept of anti-monopoly law is embodied by public interest clauses of the Anti-monopoly Law. More specifically, public interest is an important standard in judging whether it restrains competition and a key basis of exception in application of the anti-monopoly law, and it influences the execution procedure of anti-monopoly law. The public interest clauses in the Anti-Monopoly Law have some defects, which should be improved in two aspects: One is to keep consistent in use of concepts,the other is to be rational in grasping the connotation thereof.
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Keywords
anti-monopoly law
public interest
competition
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Corresponding Author(s):
LI Guohai,Email:cohigh@hotmail.com
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Issue Date: 05 December 2008
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