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不当的合资行为因其与垄断的密切联系,可能造成对现有竞争秩序的破坏,对市场经济带来危害。因此,规范企业合资行为,有效防止企业利用合资的合理、合法外衣,从事限制竞争行为,降低企业间串谋的可能性,成了反垄断法研究领域的新课题。试从合资行为的概念、合资行为限制竞争的种种表现分析着手,对反垄断法规制合资行为的实体规则、程序规则和执行机构进行设想和探讨。
Because of its close relationship with the monopoly, improper joint venture may cause damage to the existing competitive order and bring harm to the market economy. Therefore, it has become a new topic in the research field of antitrust law to standardize the joint ventures of enterprises, to effectively prevent them from using the reasonable and legal clothes of joint ventures, to restrict competition and reduce the possibility of conspiracy among enterprises. This paper attempts to start with the concept of joint venture and the performance analysis of the joint venture restricting competition. The substantive rules, procedural rules and implementing agencies of the antitrust laws regulating joint venture are conceived and discussed.