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反垄断法是在市场经济条件下,为了促进自由和有效的竞争,防止和排除市场经济高度发展形成的垄断所导致的弊端而制定的法律。反垄断法主要是维护和促进自由竞争的法,此可谓狭义的反垄断法。反垄断法中还规定有法律的适用除外,即规定有促进垄断和限制竞争的规范,此可谓广义的反垄断法。在立法和司法实践中,反垄断法都是从广义上来理解的,亦即反垄断并非反对或曰禁止一切垄断。本文所要探讨的是反垄断法在国际航运竞争领域的运用,包括反垄断法所规范的国际航运领域的垄断行为,以及反垄断豁免的行为。 一、反垄断法规范的国际航运经济领域的垄断行为 1.限制竞争行为 此种行为主要是指经营者滥用经济优势或几个经营者通过协议等联合方式损害竞争对手的利益,具体包括: (1)私人垄断:相当于经济学上的辛迪加和托拉斯,是指事业者单独地或与其他事业者结合或合谋以及采取其他任何方法,排除其他事业者的活动或进行支配,从而违反公共利益,在一定的交易领域内实质上的限制竞争(而卡特尔是竞争者通过共同限制价格、数量和技术来支配市场)。私人垄断的行为形态包括排挤行为和支配行为两种,其市场效果是在
The antitrust law is a law enacted under the condition of a market economy in order to promote free and effective competition and to prevent and eliminate the drawbacks caused by the monopoly formed by the highly developed market economy. Anti-monopoly law is mainly to maintain and promote free competition law, this can be described as a narrow anti-monopoly law. The antitrust law also stipulates that except for the application of law, which stipulates the norms that promote monopoly and restrict competition, this can be described as a broad antitrust law. In the legislative and judicial practice, antitrust laws are broadly understood, that is, antitrust is not opposed to or prohibits all monopolies. What this article explores is the application of antitrust law in the field of international shipping competition, including the monopolistic acts in the field of international shipping regulated by the antitrust laws and the antitrust immunity. I. Monopolistic conduct in the field of international shipping economy regulated by the antitrust law 1. Restrictions on competition This kind of behavior mainly refers to the abuse of economic advantages by operators or the damage done by several operators to the interests of their competitors by such means as joint agreements including: 1) Private monopolies: Equivalent to the economic syndication and trusts means that a business operator, alone or in combination with or conspiratorial with any other business or conspiracy and any other means to exclude the activities of others or to exercise dominance, thereby violates the public interest, Substantively restricting competition in certain areas of the transaction (where cartels dominate the market through common restraint of prices, volumes and technology). The behavior of private monopoly behavior, including crowding out behavior and domination of two kinds, the market effect is