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美国反托拉斯法适用中诞生并发展的合理规则,作为世界现代反垄断法适用的主要规则引起了学界广泛关注。本文围绕合理规则的诞生及早期发展问题,结合英美法相关判例,尤其是19世纪下半叶美国州法院判例,基本厘清了合理规则在美国法上的发展脉络。透过比较帕克规则与合理规则之间的关系,认为前者为合理规则的生成奠定了基础。然而,合理规则在美国法上的最终确立,是通过其在19世纪下半叶州法院处理贸易限制合同案件的司法实践中完成的。在这一进程体现了合理规则作为反托拉斯法法律方法之一生成的自我创新进路,为我国反垄断法法律方法的发展提供了历史参照。
The reasonable rules of the birth and development of the application of antitrust law in the United States have aroused widespread concern in academia as the main rules applicable to modern antitrust laws in the world. This essay focuses on the birth and early development of sound rules and the relevant jurisprudence of Anglo-American law, especially the judgments of U.S. state courts in the second half of the 19th century, which basically clarify the development of reasonable rules in American law. By comparing the relationship between Park rules and reasonable rules, we think that the former lays the foundation for the formation of reasonable rules. However, the ultimate establishment of reasonable rules in American law was accomplished through judicial practice in the courts of the state courts in the latter half of the 19th century that dealt with trade-restrictive contract cases. The process of self-innovation, which reflects the reasonable rules as one of the legal methods of antitrust law, provides a historical reference for the development of the legal method of antitrust law in our country.