出刊年月/Date of Publishing

1996.03

所屬卷期/Vol. & No.   第26卷第1期 Vol. 26, No. 1

類型/Type                 研究論文 Research Article

篇名/Title
休曼法對實施獨占之規範
Monopolization, Attempted Monopolization and Combination or Conspiracy to Monopolize under Sherman Act

作者/Author
劉孔中 Kung-Chung Liu

頁碼/Pagination
pp. 61-88

摘要
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Abstract
Section 2 of the Sherman Act prohibits monopolization, attempted monopolization and combination or conspiracy to monopolize. Monopolization requires the wilful acquisition or maintenance of the monopoly power in the relevant market. In general, Section 2 of the Sherman Act takes a behavioral monopoly policy and condemns not the monopoly as such but the monopolistic conducts, such as refusal to deal, monopoly leveraging, predatory pricing, price squeeze, patent misuse. As for attempted monopolization, it has three components: the specific intent to acquire monopoly power, the dangerous probability that monopoly power will be attained and overt exclusionary conduct. Finally, combination or conspiracy to monopolize requires proof of (1) concerted action, (2) overt acts in furtherance of the conspiracy or combination, and (3) specific intent to monopolize.

Compared with Section 2 of the Sherman Act, Section 10 of the Fair Trade Law of this country also adopts a behavioral approach toward monopoly policy. However, unlike Section 2 of the Sherman Act, the Section prohibits only the absuse of the monopoly power, not the wilful acquisition of the monopoly power, which means, the Fair Trade Law of this country will not intervene until monopoly is actually formed, regardless how. From the author’s point of view, this arrangement cannot provide adequate preventive measures.

關鍵字/Key Word
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DOI
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學門分類/Subject
法學 Law