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來源資料
頁籤選單縮合
題 名 | 從實務見解析論公平交易法中聯合行為的構成要件規定=Analyzing the Cartel Regulations under the Fair Trade Law from Cases |
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作 者 | 邵慶平; | 書刊名 | 法律學刊 |
卷 期 | 26 1998.06[民87.06] |
頁 次 | 頁229-252 |
分類號 | 585.8 |
關鍵詞 | 公平交易法; 聯合行為; 限制競爭; 聯合主體; 聯合方法; 聯合內容; 聯合目的; 合法的聯合; |
語 文 | 中文(Chinese) |
英文摘要 | Briefly speaking, cartels is prohibited, not regulated, in the Fair Trade Law ( FTL). Even so, how to cope with cartels under the FTL is not an easy problem in view of the complexity and diversity of economic affairs To our surprise , there are only two articles (§7, §14) to regulate cartels in the FTL. (the sanction and the enforcement rule of FTL excluded) By manipulating these two articles in practice, whether we can meet the aims of the law is really in doubt. Therefore, I tried to collect a large number of cases (including the verdicts by administrative court, the decisions and explanations by the Fair Trade Commission) and analyzed them by the conditions that these two articles refers to. According to the analysis, I found that the practitioners have not done a good job in use of the limited regulations. Of course, this should attribute to legislators, administrators and judges. In conclusion, I proposed some suggestions to ameliorate this situation from these three aspects. |
本系統中英文摘要資訊取自各篇刊載內容。