本文以横向协议为例,通过展示反垄断法规与经济学的联系,论证应该对反垄断法的“理性原则”作出改进,使之确切规定,原告人负有特定的举证责任,即证明其指控所依据的经济学理论基础不仅逻辑自洽且经验相关,从而使反垄断实践的谨慎程度,与目前经济学识别反竞争行为的能力保持一致。 Taking the horizontal agreement as an example, by demonstrating the connection between antitrust laws and economics, the argument should make some improvements to the “rational principle” of antitrust law so that the plaintiffs have a specific burden of proof that is, proof The theory of economic rationale on which the allegations are based is not only logically consistent but also empirical, so that the degree of caution in antitrust practice is consistent with the current economic ability to identify anti-competitive behavior.