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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/85161

    Title: 經濟理論的競爭觀在執行反托拉斯管制上的定位與應用
    Other Titles: Controversy of Economic Concepts in Antitrust Law
    Authors: 莊春發;李顯峰
    Contributors: 淡江大學產業經濟學系
    Keywords: 經濟理論;公平競爭;公平交易法;聯合行為;Economic Theory;Fair Competition;Fair Trade Law;Collusion
    Date: 2003
    Issue Date: 2013-04-08 15:24:58 (UTC+8)
    Publisher: 臺北市:行政院公平交易委員會
    Abstract: 公平交易法立法的目的,在於維護「市場交易秩序」與「確保公平競爭J 因此市場
    一步提出「可運作競爭」的準買Ij ;相對的, 古典學派的支持者,也提出「競爭性市場」概
    惟從較實務的角度出發r競爭內涵」可因著重的焦點的不同, 而有: 一、品牌內競
    爭」為核心,當然它們亦關注於「市場競爭J (品牌間競爭)的內涵。
    上述之結果對公平會的執法過程,將可提供認清執法方向之殼果,以避免捨本逐末之弊。The purpose of enforcing the Fair Trade Law (FTL) is to maintain the market order and
    ensure fair competition. But the FTL is only treated as the criterion under the current conditions,
    instead of being used to correct market failure. In the Article 4 of the FTL the definition of the
    competition is generalized and broadened. However, there exit still some controversies of the
    dimensions of time, spatial and the beneficial price. This report intends to discuss the concept of
    competition in both economic theory and what the FTL can further fulfill.
    In economics literature, there is still strongly controversy on the concept of market
    competition. Classical economists, including others like Karl Marx and Joseph Schumpeter etc.,
    believe that competition is of dynamic characteristic, and firms could easily enter and exit market
    in the long run. This ensures the existence of market competition. On the contrary, neoclassical
    economists put more emphasis on market structure and set a workable competition criterion
    instead, which are based on the mathematical reasons. On the other hand, classical economists
    propose a concept of contestable market to correct the only point-of-view of market structure.
    Due to diversified meanings, there are totally four different categories of market competition,
    i.e. intrabrand vs. interbrand competition, market competition vs. industry competition, potential
    competition vs. foreign competition, and horizontal competition vs. vertical competition etc.
    The inside spirit of pursuing competition is similarly different due to various regulation on
    abusing monopoly power. Regulating collusion behaviors is simply trying achieve market
    competition. The maintenance of resale price is the core pf intrabrand competition. Vertical
    competition is the key in boycott. Discrimination, tie-in sale, and exclusive dealing are all related
    to market competition. Geographical restriction, customer restriction, and user restriction belong
    to intrabrand competition and market competition.
    In sum, most regulation in the FTL therefore try to achieve market competition first and then focus upon other target such as industry competition, potential competition, intrabrand
    competition and vertical competition. If the Fair Trade Commission can first figure out the target
    to achieve and then decide the means of enforcement, then unnecessary mistakes can be avoided.
    Relation: 第十屆競爭政策與公平交易法學術研討會論文集,頁379-440
    Appears in Collections:[Graduate Institute & Department of Industrial Economics] Proceeding

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