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一、奥巴马政权下新反托拉斯法执法方针美国反托拉斯法是由谢尔曼法、克莱顿法、联邦贸易委员会法这三部法律以及对其进行解释的诸多判例、审决等构成。其主要内容有:禁止限制竞争的企业间协定、禁止垄断、企业并购(包括以取得股份方式的并购)规则,以及对差别价格和排他性交易等规制。在这些规制中,对卡特尔(企业间以提高市场价格或分割市场的协议)适用较之从前更加严格的禁止规定,在这一点上,执法方针未曾发生变化。而对于企业并购进行规制,可以说在一定程度上法律得以实施。
I. The New Antitrust Law Enforcement Policy under the Obama Administration The United States antitrust law consists of the three laws of the Sherman Act, the Clayton Law and the Federal Trade Commission Law, as well as many precedents and judgments that explain it. Its main contents include: prohibition of competition between the inter-firm agreement, the prohibition of monopoly, mergers and acquisitions (including the acquisition of shares by shares) rules, as well as the differential price and exclusive transactions and other regulations. Among these regulations, there has been no change in the enforcement approach to cartels (the agreement among enterprises to increase market prices or market segmentation) than the more stringent prohibition before. For the regulation of mergers and acquisitions, we can say that to a certain extent, the law can be implemented.