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美国法上共谋与联合限制贸易概念作为《谢尔曼法》的核心术语,在该法出台前其基本内涵及适用对象已成型,其生成受到了英国普通法美国化和各州制定法自主创新,这两个并行过程的深刻影响,其中制定法的作用突出。制定法的自主创新主要体现在对“联合”概念的适用对象和经济行业的特殊规定上,尤其是对英国法上对早期劳工共谋与联合提高工资或工作条件案件的矫正态度上。对共谋与联合限制贸易的规制,体现了强烈的适时性特征——及时有效地涵盖并规制了当时美国社会经济生活中主要的违法限制贸易类型,“普尔”与“托拉斯”联合体——同时,亦体现了美国处理英国普通法传统之继受与创新关系的成功模式“一切从现实中来到实践中去”。
As the core term of the “Sherman Act”, the basic connotation and applicable object of the United States Act before it was promulgated has been shaped by the common law common law in the United Kingdom and the independent innovation , The profound impact of these two parallel processes, of which the role of statute is outstanding. The independent innovation of statutory law is mainly reflected in the application of the concept of “union” and the special provisions in the economic industry, especially in the corrections of the English law in the case of complicity and joint promotion of wages or working conditions of early workers. The regulation of conspiracy and joint restrictions on trade embodies a strong characteristic of timeliness - covering and regulating in a timely and effective manner the major types of trade that were illegally restricted in the social and economic life of the time in the United States, such as “Poole” and “Trust” Commonwealth - At the same time, it also shows the successful model of the United States in handling the relationship between succession and innovation in the common law tradition in the United Kingdom. “Everything goes from reality to practice.”