✔ 最佳答案
希望可以幫到您 ~~~
請問反壟斷法係學術上既名稱是什麼?
在美國, 反壟斷法的英文是: antitrust law
在英國, 反壟斷法的英文是: competition law
在歐洲, 反壟斷法的英文是: European Community competition Law
在日本, 反壟斷法的英文是: anti-competition law
一般來說, 壟斷的英文為: monopoly (noun) ; 在美國, 壟斷則稱為: trust.
英文詳述其定義 :
Competition law, known in the United States as antitrust law, has three main elements:
-prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
-banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others.
-supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue competing.
及作用(由於太詳盡, 小弟只舉美國為例) :
The American term anti-trust arose not because the US statutes had anything to do with ordinary trust law, but because the large American corporations used trusts to conceal the nature of their business arrangements. Big trusts became synonymous with big monopolies, the perceived threat to democracy and the free market these trusts represented led to the Sherman and Clayton Acts. These laws, in part, codified past American and English common law of restraints of trade. Senator Hoar, an author of the Sherman Act said in a debate, "We have affirmed the old doctrine of the common law in regard to all inter-state and international commercial transactions and have clothed the United States courts with authority to enforce that doctrine by injunction." Evidence of the common law basis of the Sherman and Clayton acts is found in the Standard Oil case,[31] where Chief Justice White explicitly linked the Sherman Act with the common law and sixteenth century English statutes on engrossing.[32] The Act's wording also reflects common law.
你可以參考:
http://en.wikipedia.org/wiki/Antitrust_law