英国法上早期垄断类型研究——对亨利三世到查理一世时期制定法和判例的简略考察

英国法上早期垄断类型可以分为三种，贸易商价格控制、行会垄断以及王室特许全国性垄断。这三种类型在出现时间上有着先后关系，但是三者之间并未因为后一种类型的出现而取代前一种垄断类型。三种垄断类型的出现和存在现象，反映了英国法上早期垄断从地区性个体垄断，到地区性组织垄断进而发展到全国性个体或组织垄断的演进过程。在这一过程中经济发展、技术进步等因素发挥了重要作用。随着时间发展，这三种古老的垄断类型已经退出历史舞台，但是其中所记录的反垄断基本价值和垄断构成核心要件却得到了保留，并成为我们现在分析英美法上垄断现象所必需考虑的因素。

On the Types of Monopolization and Extending It: Focused on the Statute Laws and Decision Laws in the Early Stage: Henry Ⅲ to Charles Ⅰ in England

England monopolization composed of three types of pricing controlled by traders, guild monopolies and national monopolies by royal patent in the early stage which was mentioned from Henry Ⅲ to Charles Ⅰ. Although the advent of those were in order, there was not the situation in which one was totally instead of another and the older would be eliminated completely. The co-existence of the three reflected the historical process in which the local and individual monopolies transferred to local and organization monopolies, and furthering to national individual or organization monopolies. The special factors including development of economy and progress of technology etc. played an important role in the aforesaid transformative process. With the time flies, the core elements about monopolization were preserved and recorded via the development of the decision laws, statutes and other elements, particularly succeed by the United States of America through whose antitrust laws influenced and are affecting the construction and development of anti-monopoly laws all over the world in spite of the derogations of the older England monopolizations which are still the essential factors for us to analyze the experiences and practices of regulating the monopolies under common law context.