反垄断法英文？反垄断与Anti-trust并非同一概念，前者英文表述为Anti-monopoly。在中国，美国的United States Anti-Trust Law，即《反托拉斯法》，有时也会被翻译为《反垄断法》。这一现象的出现是因为托拉斯是垄断组织中最主要的形式，除此之外，垄断组织还包括卡特尔、辛迪加、康采恩等。托拉斯作为垄断组织的主要形式，那么，反垄断法英文？一起来了解一下吧。
反垄断法旨在防止企业通过不正当手段限制市场竞争，维护市场的公平竞争秩序。反垄断调查和诉讼是监管机构对涉嫌垄断行为的企业进行处罚的一种手段。当企业因违反反垄断法而被法院判定罪名成立时，即为反垄断罪名成立，这将对企业的运营和发展产生重大影响。
反垄断法的核心在于保护消费者权益，促进市场的健康发展。一旦企业被判定为反垄断罪名成立，不仅会面临巨额罚款，还可能被要求改变其经营方式，甚至面临解散的风险。因此，企业必须严格遵守反垄断法，避免任何形式的垄断行为。
反垄断调查通常由政府监管机构发起，他们可能会对企业的市场行为进行深入调查，以确定是否存在反竞争行为。如果调查结果表明企业存在违法行为，监管机构可能会提出刑事指控，最终由法院判决。一旦法院判定企业反垄断罪名成立，企业将面临严重的法律后果。
反垄断罪名成立不仅会对企业的财务状况产生负面影响，还可能对企业的声誉造成损害。企业需要认识到反垄断法的重要性，严格遵守相关法律法规，避免任何形式的垄断行为，以维护市场的公平竞争。
在实际操作中，企业应当建立健全的内部合规机制，确保所有员工了解反垄断法的相关规定，避免因无知或疏忽而违反法律。同时，企业还应当积极配合监管机构的调查，及时提供相关信息，以减轻可能面临的法律后果。
希望可以帮到您 ~~~
请问反垄断法系学术上既名称是什么？
在美国, 反垄断法的英文是: antitrust law
在英国, 反垄断法的英文是: petition law
在欧洲, 反垄断法的英文是: European Community petition Law
在日本, 反垄断法的英文是: anti-petition law
一般来说, 垄断的英文为: monopoly (noun) ; 在美国, 垄断则称为: trust.
英文详述其定义 :
Competition law, known in the United States as antitrust law, has three main elements:
-prohibiting agreements or practices that restrict free trading and petition beeen business entities. This includes in particular the repression of cartels.
-banning abusive behaviour by a firm dominating a market, or anti-petitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others.
-supervising the mergers and acquisitions of large corporations, including some joint ventures. Tractions that are considered to threaten the petitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue peting.
及作用(由于太详尽, 小弟只举美国为例) :
The American term anti-trust arose not because the US statutes had anything to do with ordinary trust law, but because the large American corporations used trusts to conceal the nature of their business arrangements. Big trusts became synonymous with big monopolies, the perceived threat to democracy and the free market these trusts represented led to the Sherman and Clayton Acts. These laws, in part, codified past American and English mon law of restraints of trade. Senator Hoar, an author of the Sherman Act said in a debate, "We have affirmed the old doctrine of the mon law in regard to all inter-state and international mercial tractions and have clothed the United States courts with authority to enforce that doctrine by injunction." Evidence of the mon law basis of the Sherman and Clayton acts is found in the Standard Oil case,[31] where Chief Justice White explicitly linked the Sherman Act with the mon law and sixteenth century English statutes on engrossing.[32] The Act's wording also reflects mon law.
你可以参考:
en. *** /wiki/Antitrust_law,参考: 大学经济系毕业,This Law, by prohibiting private monopolization, unreasonable restraint of trade and unfair trade practices, by preventing excessive concentration of economic power and by eliminating unreasonable restraint of production, sale, price, technology and the like, and all other unjust restriction of business activities through binations, agreements and otherwise, aims to promote free and fair petition, to stimulate the creative initiative of entrepreneurs, to encourage business activities of enterprises, to heighten the level of employment and people's real ine, and thereby to promote the democratic and wholesome development of the national economy as well as to assure the interests of consumers in general.,
Important Step Forward for Anti-Monopoly
The State Council's approval in principle of a draft of the long awaited anti-monopoly law marks a significant step forward in the country's efforts to create a fair and orderly marketplace.
This legislation, on which work started more than a decade ago, has long been viewed as a much needed weapon in the battle against anti-competitive behavior.
Relevant anti-monopoly provisions can be found in many existing laws and regulations. But they have become increasingly insufficient to target monopolistic practices emerging during the nation's market-oriented economic reform and its rapid integration into the global economy.
Hence, the battle against monopolies makes it imperative for the country to enact comprehensive and systematic anti-monopoly legislation, which will help ensure the healthy development of the market economy.
After further revision, the draft anti-monopoly law will be submitted to the country's top legislature for deliberation.
But while applauding this legislative progress, we must also be aware that the current draft will not offer a legal remedy for all forms of monopoly.
By excluding most of the clauses related to administrative monopolies, it now focuses mainly on checking market-based monopolies.
Both forms of monopoly hinder the country's sound economic growth. Be it by administrative means or market dominance, monopoly will curb fair competition at the expense of consumers and the country at large.
On the one hand, consumers are disadvantaged, as, under a monopoly, the prices of goods or services will always remain at an artificially high level due to the absence of more efficient competitors.
On the other hand, to the country's disadvantage, monopolies prevent the entry of competitors and sources of innovation that can raise the overall efficiency of the national economy.
As a market economy newly developed out of many years of central planning, China still has a number of key sectors dominated by a number of large State-owned enterprises with administrative monopoly power.
The fact that average wage levels in these monopoly sectors is three times the national average shows that the public has paid an unfairly high price for goods or service these State firms provide on an exclusive basis.
Meanwhile, with their recent aggressive purchases of some Chinese companies, there is an increased threat of foreign firms having a monopoly in some sectors.
In terms of expediting this legislation, it may be wise to narrow the targets of the new draft to mostly market-based monopolies. As the Chinese economy is further opened and reformed, it is predictable that this sort of monopoly will be the main target of the country's anti-monopoly efforts.
Yet, in order to protect fair competition and to boost the efficiency of the national economy, the authorities also need to keep an equally attentive eye on administrative monopoly.
(China Daily June 9, 2006)
Chinese Antimonopoy Law
(adopted at the 29th session of the Tenth National People's Congress on August 30, 2007)
Chapter 1: General Provisions
Article 1:
This Law is enacted for the purpose of preventing and restraining monopolistic conducts, protecting fair competition in the market, enhancing economic efficiency, safeguarding the interests of consumers and social public interest, promoting the healthy development of the socialist market economy.
Article 2:
This Law shall be applicable to monopolistic conducts in economic activities within the People’s Republic of China.
This Law shall apply to the conducts outside the territory of the People’s Republic of China if they eliminate or have restrictive effect on competition on the domestic market of the PRC.
Article 3:
“Monopolistic conduct” is defined in this law as the following activities:
(i) monopolistic agreements among undertakings;
(ii) abuse of dominant market positions by undertakings;
(iii) concentration of undertakings that eliminates or restricts competition or might be eliminating or restricting competition;
Article 4:
The State formulates and carries out competition rules which in accordance with the socialist market economy, perfects macro-control, and advances a unified, open, competitive and orderly market system.
Article 5:
Undertakings shall through fair competition, voluntary alliance，concentrate according to law, expand the scope of operation, and enhance competition ability.
Article 6:
Undertakings of a dominant position shall be prohibited to abuse a dominant position, eliminate, and restrict competition.
Article 7:
For the undertaking in the state-owned economy controlled industries to which are related to national economic lifeline and state security, and in the industries to which the state grants special or exclusive rights, the state protect their lawful operation. The state also lawfully regulates and controls their operation and the price of their commodities and services, safeguards interests of consumers, promotes technical progresses.
Article 8:
Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall be prohibited to abuse administrative power, to eliminate or restrict competition.
Article 9:
The State Council establishes the Antimonopoly Commission, which in charge of organizing, coordinating, guiding antimonopoly works, performs the following responsibilitie.
Article 10:
Antimonopoly execution authorities are in charge of antimonopoly execution pursuant to this law.
Article 11:
Association of undertakings should intensify industrial self-discipline, guide undertakings to lawfully compete, safeguard the competition order in the market.
Article 12:
An “undertaking” in this law refers to a legal person, other organization or natural person that engages in businesses of commodities.
Chapter 2: Monopoly Agreement
Article 13:
Any following agreements among the undertakings competed with each other shall be prohibited.
Article 14:
Any following agreements among undertaking and counterparty are prohibited:
(i) fix the price for resale;
(ii) restrict the lowest price for resale;
(iii) another monopoly agreement identified by antimonopoly execution authorities.
Article 15:
Agreements among undertakings with one of the following objectives shall be exempted from application of article 13, 14 if
(i) agreements to improve technology, to research and develop new products.
(ii) agreements for the purpose of product quality upgrading, cost reduction and efficiency improvement, of unify standards, norms or specialise.
Article 16:
Association of industry shall be prohibited to organize undertakings to conduct monopoly activities being prohibited by this law.
Chapter 3: Abuse of a Dominant Market Position
Article 17
Undertakings of a dominant market position shall not abuse their dominant market positions to conduct following conducts:
(i) sell commodities at unfairly high prices or buy commodities at unfairly low prices;
(ii) sell commoditiews at prices below cost without legitimate reasons.
Article 18:
The following factors will be taken into consideration in finding dominant market position:
(i) market share in relevant market, and the competition situation of the relevant market;
(ii) ability to control the sales markets or the raw material purchasing markets.
Article 19:
Undertakings that have any of the following situations can be assumed to be have a dominant market position:
(i) the relevant market share of one undertaking accounts for1/2 or above;
(ii) the joint relevant market share of two undertakings accounts for 2/3 or above;
(iii) the joint relevant market share of three undertakings accounts for 3/4 or above.
Chapter 4: Concentration of Undertakings
Article 20:
A concentration refers to the following situations:
(i) the merger of undertakings;
(ii) the acquisition by undertakings, whether by purchase of securities or assets, of control of other undertakings.
Article 21:
A concentration falls under the notification criteria issued by the State Council, a report must be notify in advance with the antimonopoly execution authorities. Without notification the concentration shall not be implemented.
Article 22:
A concentration refers to following situations, shall not notify to the antimonopoly execution authoritie.
Article 23:
Undertakings which notify a concentration in advance with the antimonopoly execution authorities, shall submit following documents or materials:
(i) summary of notification;
(ii) the effect on competition on the relevant market of the concentration;
(iii) agreement of concentration.
Article 24:
In case that the documents submitted by the notifying undertakings are not complete, shall submit the rest of the documents and materials with a set period stipulated by antimonopoly execution authorities. It will be taken as not notified, when the added documents and materials are not timely submitted.
Article 25:
The antimonopoly execution authorities shall preliminarily review the notified concentration and take the decisions whether to precede review and notify the undertakings in written form within 30 days, calculated from the date of receipt of the complete filing documents and materials referred to article 23 submitted by the undertakings.
Article 26:
If the antimonopoly execution authorities has decided to precede the review, shall review and decide whether to prohibit the concentration and notify the undertakings in written form within 90 days, calculated form the date of the decision being taken.
Article 27:
In the review of a concentration the following factors shall be considered:
(i) market share in the relevant market of the undertakings concerned and their ability to control the market;
(ii) concentrate degree of the relevant market ;
(iii) effect on the market entry and technology improvement.
Article 28:
If a concentration has or may have effect of eliminating or restricting competition, the antimonopoly execution authorities shall take decision of prohibition.
Article 29:
The antimonopoly execution authorities shall make a decision of approval with restrictions and conditions where a concentration will reduce the negative effect on competition.
Article 30:
The antimonopoly execution authorities shall announce the decisions of prohibition or conditional concentration to public.
Article 31:
In case the acquisition of domestic enterprises by foreign investors or other manners to concentrate referred to national security, besides being reviewed according to this law, shall be carried out national safety review according to related regulations.
Chapter 5: Abuse of Administrative Power to Eliminate or Restrict Competition
内容较多，这里显示不全，具体可以参考如下网站
http://wenku.baidu.com/link?url=XohDEIhe3w2GDkWSjnVXE53b5xlXMpvav8hr4f1kGJ178kmpT5MTOo_BOlCaw9H2oSW_UPt6TyWYs4_kDVPjs5RA7pmjj7dMhHF5vhwv1Pm
Accounts payable 应付帐款
Accounts receivable 应收帐款
Accrued interest 应计利息
Accredited Investors 合资格投资者；受信投资人
指符合美国证券交易委员(SEC)条例，可参与一般美国非公开(私募)发行的部份机构和高净值个人投资者
Accredit value 自然增长值
ACE 美国商品交易所
ADB 亚洲开发银行
ADR 美国存股证；美国预托收据； 美国存托凭证
[股市] 指由负责保管所存托外国股票的存托银行所发行一种表明持有人拥有多少外国股票(即存托股份)的收据。ADR一般以美元计价和进行交易，及被视为美国证券。对很多美国投资者而言，买卖ADR比买卖ADR所代表的股票更加方便、更流动、成本较低和容易。
大部份预托收据为ADR；但也可以指全球预托收(GDR) ，欧洲预托收据(EDR) 或国际预托收据(IDR) 。从法律和行政立场而言，所有预托收据具有同样的意义。
ADS 美国存托股份
Affiliated company 关联公司；联营公司
After-market 后市
[股市] 指某只新发行股票在定价和配置后的交易市场。市场参与者关注的是紧随的后市情况，即头几个交易日。
以上就是反垄断法英文的全部内容，反垄断法旨在防止企业通过不正当手段限制市场竞争，维护市场的公平竞争秩序。反垄断调查和诉讼是监管机构对涉嫌垄断行为的企业进行处罚的一种手段。当企业因违反反垄断法而被法院判定罪名成立时，即为反垄断罪名成立，这将对企业的运营和发展产生重大影响。反垄断法的核心在于保护消费者权益，内容来源于互联网，信息真伪需自行辨别。如有侵权请联系删除。
