Neither does the Anti-monopoly Law clearly delineate the boundaries of all monopolistic conduct,nor does it concretely explain the key condition,namely excluding or restricting competition effect.This results in tremendous concurrence of monopolistic conduct in theory,and also causes such disputes in practice.There are three questions raised thereby,namely what monopolistic conduct should apply,how many types of monopolistic conduct should be identified,and whether it is possible to file multiple lawsuits.Based on the theories on concurrence in criminal law and civil law,as well as the economics theories and the empirical practice on the excluding or restrictive competition effects,the concurrence of monopolistic conduct may be divided into three types:essential non-concurrence involves two conflicting rules,and must be handled with the most suitable one;apparent concurrence should be considered as single monopolistic conduct based on the principle of lex specialis,or can also be eliminated by modifying the Anti-monopoly Law;perfect concurrence,which constitutes multiple monopolistic conduct,should be resolved by only one in administrative procedures,and can only be sued in one procedure in civil litigation,though forming multiple locus standi.
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