Abstract: This article explores the facts during the anti-monopoly legislation in the US and China with historical evidence. Small and insufficient firms in the US were more active in lobbying the antitrust legislation, while in China, SOEs and multinational companies were more active. The core problem in the US is whether the country needed an antitrust act at that time, but people in China were concerned more about what should be included in the law. The effect of the implementation of the law in both countries is not as good as expected. The unclear definition of concepts in the Sherman Act and the inefficient distribution of enforcement power in China are the reasons. 阅读更多。

本文系浙江大学本科课程论文

自《中华人民共和国反垄断法》颁布伊始，即遭到众多人士的诟病，其一即为其对反垄断行政执法机构分工之混乱，将反垄断行政执法职能一分为三，容易导致机构之间扯皮、推诿抑或执法重叠；其二是认为法条中部分概念界定不清，在司法实践中不具有较强的可操作性。 阅读更多。