Expand the Interpretation of the"Substantive"Elements of Helping Monopoly Agreement Behavior
Article 19 of the"Anti-monopoly Law of the People's Republic of China"amended in 2022 adds new provisions prohibiting organizations from helping monopoly agreements,supplementing the gaps in China's anti-monopoly law.However,the provisions on the"substantive"elements in the act of helping monopoly agreements are vague,and there is a need for further explanation.The interpretation framework of"substantive"constitutive elements is divided into three categories:premise elements,objective elements and subjective elements.The premise elements include:basic monopoly agreement elements,subject identity elements,and implementation possibility elements.The objective elements include:specific"helping"behavior elements,objective behavior consequence elements,causality elements,and then analyze the exclusion reasons.The subjective element is based on the objective presumption,and the two intentional situations of direct intention and indirect intention are taken as the subjective elements.Thus,a complete explanation chain and a relatively stable analysis framework are formed,and based on this framework,the field changes of market competition are enriched and supplemented.
helping monopoly agreement behaviorsubstantivepremise elementsobjective elementssubjective elements
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