Legal Countermeasures for Restrictive Business Practices of Multinational Corporations in China
|School||Ocean University of China|
|Keywords||multinational corporations Restrictive Business Practice legal countermeasures|
Market economy is one of the most important features of free competition, thatis, to maintain the market main body in the business process have a fair andreasonable competition environment, through the survival of the fittest competition topromote the development of industrial quality. The competition also inevitablyexclude competition, which is always existed in the process of economicdevelopment.This kind of limit competition behavior is referred to as restrictivebusiness practices(RBP).China is a developing country, also faces this problem.As a result of historicalreasons, the transnational corporations enter our country with a short history.Therefore, China’s legal control of restrictive business practices of the transnationalcorporations also started late.After the enactment of the AML, China has unifiedexplicit legal provisions on restrictive business practices, but in practice there are stillmany problems.At the same time, because the transnational corporations in China hasmany industries occupy a lot of share, the restrictive business practices of thetransnational corporations have become the normal methods.Based on the systematic analysis of the transnational corporations history andthe typical form of restrictive business practices,as well as the reference of othercountries’ relative legislation,put forward my own assumption on how to deal withthe restrictive business practices of the transnational corporations in our country. Thispaper consists of four parts:Part1: Transnational corporations and restrictive business practices: Using thecourse of development of transnational corporations and the rise and fall of restrictivebusiness practices as the main content, the part I is to study the presentative feature. of restrictive business practices which multinational companies take.Part2: International anti-monopoly law and comparative study of competitionlaw: through the comparative analysis of the regulatory system of the United States,the European Union and other developed and developing countries,this partanalyzes the control features and standards the restrictive business practices shouldhave.Part3: This part shows how Multinational companies start and develop theirbusiness in China. Then it analysis several typical performances of restrictive businesspractices in China and some cases.Part4: With drawing upon economics concepts, this part does analysis andsummarizes the key to the key to the legal regulation of restrictive business practices.From the present situation in China, analyzes the characteristics of restrictive businesspractices of transnational corporations in China, combined with the existing controllaws, put forward feasible insights and suggestions for improving China’s relevantlaws and regulations as well as practices.