The Behavior Identification and Responsibility Analysis of the Operators'Assistance in Reaching Monopoly Agreements
China's Anti-Monopoly Law revised in 2022 added a new clause prohibiting operators from helping others reach monopoly agreements,overcoming the regulatory dilemma under the dichotomy of traditional monopoly agreements.Compared with the dominant organizational behavior of monopoly agreement,the behavior identification and responsibility bearing of monopoly agreement assistance behavior are not clear.In essence,the assistance behavior of monopoly agreement is the independent behavior that operators provide important help for other operators to reach monopoly agreement.The assistance behavior of monopoly agreement has four basic characteristics,such as significance,directness,subordination and subjective intention.We can start from the main element,subjective element,objective element and result element to identify the assistance behavior of monopoly agreement.The extension of assistance behavior can be listed by two classification criteria:behavior mode and behavior content.The establishment of legal liability of the helper of monopoly agreement should abide by the principle of excessive punishment and joint violation of law,and take into account the application of"leniency system"and"double punishment system".It is worth noting that the helper does not belong to the subject of civil liability.When the operator group applies the"double penalty system",it should be comprehensively considered from the two dimensions of"operator+individual"and"group+member".
Monopoly agreementsThird party behaviorSubstantive responsibilityThe responsibility of helper
NETL
NSTL
万方数据
