The Determination Criteria in Antitrust Law for Single Economic Entity
Single economic entity is the content of the subject system in antitrust law,which can be used to judge the illegality of behavior,determine responsibility attribution,and expand jurisdiction,thus having important antitrust law significance.The application of single economic entity in our country faces practical difficulties such as conflicting identification criteria,confusion in responsibility attribution,and unclear considerations.These difficulties are all rooted in the ambiguity of the identification criteria for single economic entity.The construction of standards for identifying single economic entity should return to the essence of competition and adhere to economic standards rather than legal standards.In practice,using decisive influence as the criterion for identifying single economic entity can easily lead to mixed judgment factors and difficulties in practical operation,while control and market behavior determine the"non competitiveness"within single economic entity and the"non independence"of legal entities.Therefore,using the above-mentioned two factors as the criteria for identifying single economic entity is reasonable.Control and market behavior are complementary,with control standards including ownership and other behaviors within the enterprise that can prove to have actually exerted decisive influence,while behavior standards encompassing the behavior of the subject in the market.
single economic entitycontrolmarket behaviordecisive influenceantitrust law
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