Legal uncertainty

Author: Shen Minrong
Publisher:
Publish Date: 2001-01-01
Features: The book is divided into six chapters. Chapter 1 is a comparative study of antitrust laws across countries. Four representative countries are selected: the United States, the United Kingdom, Germany, and Japan. These countries are the most representative examples of common law and civil law systems. The study examines the rule characteristics of antitrust law through comparison. Chapter 2 explores the uncertainty of antitrust law regulations. This nature is an inherent attribute of antitrust law itself, stemming from the very nature of the economy. The uncertainty of antitrust law is primarily reflected in the uncertainty of violation determination principles, the reasonableness principle, and antitrust policies. Recent cases can illustrate this uncertainty. Chapter 3 studies this nature from the perspective of legal rules themselves. The uncertainty inherent in antitrust law is not a unique phenomenon or characteristic of this legal field. In terms of legal rules as a form, they are also uncertain, though to varying degrees. Investigating the uncertainty of antitrust law without considering the broader legal context makes it difficult to understand many issues and reasons. The characteristics of antitrust law exist on this basis of commonality. Chapter 4 discusses how to overcome the uncertainty of antitrust law. Undoubtedly, general legal interpretation methods are equally applicable in antitrust law. However, due to the emphasis on efficiency in antitrust law, economic analysis plays a significant role in overcoming its uncertainty. This makes the role of independent, specialized competition management agencies in overcoming the uncertainty of antitrust law not only important but also necessary, in addition to courts. The status and role of economic analysis in antitrust law are also studied in this chapter. Chapter 5 focuses on the characteristics of international antitrust law rules and the differences in their objects of regulation compared to domestic antitrust law. In the context of regional international law, the example of EU competition law is particularly prominent. Analyzing EU competition law can clarify the characteristics and challenges of forming a unified international antitrust law. The extraterritorial application of antitrust law is a major legal form in the international economic field, forming an international antitrust law primarily based on bilateral treaties. However, the uncertainty of international antitrust law still exists, and efforts are needed in this regard internationally. Chapter 6 is about China's antitrust law. It points out the characteristics and shortcomings of China's antitrust law in overcoming legal uncertainty and proposes corresponding legislative recommendations.