2006Journal of Guizhou Police Officer Vocational CollegeRequires access

Use or Disuse Per se Rule and Reasonable Rule

Shen Xiong-jie

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Abstract

Based on the theory and judicial practice of antitrust law in America,this paper makes a comparative analysis on the per se rule and reasonable rule.Apart from that it also analyzes the shortcomings of the per se rule,pointing out that this rule should be assimilated by the reasonable rule,and be changed gradually from the two dimensional analysis mode with per se rule and reasonable rule opposing to each other to one dimensional series analysis mode with reasonable analysis on various levels.In the last part of this paper,it concludes with the rules,background and development trend of antitrust judicial practices in China.

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What this paper is about

Based on the theory and judicial practice of antitrust law in America,this paper makes a comparative analysis on the per se rule and reasonable rule.Apart from that it also analyzes the shortcomings of the per se rule,pointing out that this rule should be assimilated by the reasonable rule,and be changed gradually from the two dimensional analysis mode with per se rule and reasonable rule opposing to each other to one dimensional series analysis mode with reasonable analysis on various levels.In the last part of this paper,it concludes with the rules,background and development trend of antitrust judicial practices in China.

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Available abstract

Based on the theory and judicial practice of antitrust law in America,this paper makes a comparative analysis on the per se rule and reasonable rule.Apart from that it also analyzes the shortcomings of the per se rule,pointing out that this rule should be assimilated by the reasonable rule,and be changed gradually from the two dimensional analysis mode with per se rule and reasonable rule opposing to each other to one dimensional series analysis mode with reasonable analysis on various levels.In the last part of this paper,it concludes with the rules,background and development trend of antitrust judicial practices in China.

Key concepts: Rule of law, Rule of reason, China, Mode (computer interface), Rule-based system, American rule, Law and economics, Law

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