论我国价格卡特尔及其法律规制

价格卡特尔作为一种广泛存在的限制竞争行为,一直是各国反垄断法规制的重点。在我国,价格卡特尔作为与市场竞争相伴而生的社会现象已出现在许多行业中,并产生危害。为使我国即将出台的反垄断法中有效规制价格卡特尔,需要明确价格卡特尔的行为主体,规定严格的法律责任制度,并避免采用单一的本身违法原则,同时,需要设立专门的主管机关。

On China's Price Cartel and Its Law System

As a kind of extensive action to restrain the competition, the price Cartel has always been the key point of anti - monopoly in all countries. In China, the price Cartel, as a social phenomenon accompanied with the market competition, has appeared in many industries and jeopardized them. It is necessary to make clear the behavioral main body of the price Cartel, to regulate the strict system of legal responsibility and to avoid adopting the single principle of self violation of the law, in order to effectively regulate the price Cartel in China's anti - monopoly law to be issued very soon, and at the same time, it is necessary to set up a special competent authority.