论联合抵制的法律规制

联合抵制表现形态众多,目的和后果复杂,是一种较为复杂的限制竞争行为。从反垄断实践情况看,各国关于联合抵制的立法规定通常较为原则和模糊,而执法和司法尺度则呈现出较大的弹性。联合抵制并非反垄断法上绝对禁止的违法行为,联合抵制的参与者可以以有助于提高经济效率等理由为其行为进行抗辩。近年来,联合抵制在我国经济生活中频频出现并受到社会的广泛关注。我国在反垄断执法和司法实践中应当根据联合抵制的不同情况合理把握规制标准。

On the Regulation of Boycott

Boycott is a restrictive conduct which commonly lies in social and economic operation.There are many forms of boycotts,and some of them are complicated in purposes and effects.The legislations of regulating boycotts are vague and enforcing standards are flexible in most countries.Boycott is not illegal at all events.Enterprises which joining boycotts can defend them by putting forward some excuses like promoting economic efficiency.The public give much attention to boycotts which emerge frequently in China.To rescue our country from the negative effects resulted from boycotts,China should establish an effective legal framework to regulate boycotts.To regulate boycotts effectively,it is also very important to take appropriate standards in enforcing anti-monopoly law.