The Application Rules of the Norm on Encouraging Innovation in Anti-monopoly Law and Their Legislative Expression
The norm on encouraging innovation in the Anti-monopoly Law is neither advocacy-oriented nor subordinate,and must be effectively implemented.In the sense of a rule,the basic way of implementing such norm is not only to explicitly regard innovation impeding as a standard of impairing competition,but also to treat innovation promotion as a defence for impairing competition.The criteria for determining"innovation"in the norm on encouraging innovation in the Anti-monopoly Law should take the principle of encouraging innovation as a benchmark which specifically uses technological development as a scale.It is necessary to clarify these operational rules through departmental regulations as soon as possible and include"for the purpose of improving technology,researching and developing new products"as one of the exemptions for a monopoly agreement at the time of revising Anti-monopoly Law in the future.
Anti-monopoly LawEncouraging InnovationFair CompetitionTechnological Development
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维普
