论文部分内容阅读
2004年以来,欧洲共同体已经扩大至25个成员国。为了使共同体竞争法能够适应扩大带来的新挑战,保障共同体竞争规则目标能够得到更好的实现,欧共体在2004年启动了其竞争法的现代化进程,对老的竞争规则进行了重大的修改和发展。因此,2004年注定成为欧共体竞争法现代化发展最为关键的一年。此次欧共体竞争法的发展体现了欧洲一体化的要求,要求成员国竞争法向共同体竞争法靠拢,体现了共同体竞争机关与成员国竞争机关的相互协作,提升了共同体竞争机关在共同体层面的管辖权力,变革了共同体竞争法过去存在的某些不足。其中最重要的三个条例是竞争法适用性规则第1/2003号条例,合并控制条例第139/2004号条例及技术性转让协议集体豁免条例第773/2004号条例。这三个条例不仅为共同体竞争法设定了适用程序,提升了整个共同体竞争机关执法的效率,还在企业合并控制和技术转让协议等对整个共同市场发展具有重要意义的实体问题进行了新的规定。它们对整个共同体竞争规则产生了深远的影响,可以说是此次共同体竞争法发展的核心。这些发展对我国的反垄断立法也具有宝贵的参考价值。本文共分两大部分,第一部分概括介绍了整个欧共体竞争法的法律体系,第二部分分别对上述三个新条例及其对应的通告、指南,对欧共体竞争法的最新发展进行了介绍、分析。
Since 2004, the European Community has expanded to 25 member countries. In order to enable the Community Competition Law to adapt to the new challenges brought about by the expansion and ensure that the objectives of the Community Competition Rules can be better fulfilled, the EC started the modernization of its competition law in 2004 and conducted a significant Modify and develop. Therefore, 2004 is destined to become the most crucial year for the modernization of EC competition law. The development of the EC competition law embodies the requirements of European integration and requires member countries to move closer to the competition law of the Community. It reflects the mutual cooperation between the competition authorities of the Community and the competition agencies of member states and enhances the competition mechanism of the Community at the community level The jurisdictional power to change some of the shortcomings of the Community competition law in the past. The three most important of these are the Regulation on the Applicable Law to Competition Law 1/2003, the Regulation on Consolidation of Control Regulations 139/2004 and the Regulation on the Exemption of Technical Transfer Agreements No. 773/2004. These three Ordinances not only set the applicable procedure for the Community Competition Law, enhanced the efficiency of law enforcement by the competition agencies in the Commonwealth, but also carried on the new issue of entities of importance to the development of the common market as a whole, such as enterprise merger control and technology transfer agreements Provisions. They have a profound impact on the competition rules of the Community as a whole, which can be said to be the core of the development of Community Competition Law. These developments also have valuable reference value to antitrust legislation of our country. This article is divided into two parts. The first part gives an overview of the legal system of the competition law of the whole European Community. The second part separately compares the three new regulations mentioned above and their corresponding notices and guidelines with the latest development of the EC competition law Introduced, analyzed.