Anti-Monopoly Law Response to Concerted Practices in Oligopoly Markets
As an important type of monopoly agreement,concerted practices refer to monopolistic collusion that cannot be proven by direct evidence of clear and specific intentions between operators.It often occurs between oligopolistic operators with competitive relationships.The research results on tacit collusion and concerted practices indicate that concerted practices in oligopolistic markets can be recognized through indirect evidence,and the monopoly agreement system has applicability in regulating the aforementioned behavior.Under the monopoly agreement system,the determination of concerted practices in oligopolistic markets should be classified and discussed based on whether operators engage in consistent behavior.In the case of oligopoly operators engaging in consistent behavior,combined with certain degree of intention communication,relevant conditions of the oligopoly market,and the inability to provide a reasonable explanation for consistent behavior,the court or law enforcement agency may determine that the aforementioned consistent behavior constitutes concerted practices.In the absence of consistent behavior by oligopolistic operators,information exchange can also constitute concerted practices.Due to the similarity between the collective abuse of market power by oligopolistic operators and the concerted practices of oligopolistic markets,the system of common market dominance has spillover effect on responding to the concerted practices of oligopolistic markets.The response to the concerted practices of oligopolistic markets should be mainly based on the monopoly agreement system,supplemented by the common market dominant position system.
万方数据
维普
