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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2008, Vol. 3 Issue (4) : 525-539    https://doi.org/10.1007/s11463-008-0025-5
research-article
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.

Keywords anti-monopoly law      public interest      competition     
Corresponding Author(s): LI Guohai,Email:cohigh@hotmail.com   
Issue Date: 05 December 2008
 Cite this article:   
LI Guohai. Research of the theory of public interest of the drafted Anti-monopoly Law of China[J]. Front Law Chin, 2008, 3(4): 525-539.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-008-0025-5
https://academic.hep.com.cn/flc/EN/Y2008/V3/I4/525
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