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,[link widoczny dla zalogowanych] anti-monopoly law is not under any circumstances, should be carried out for any market entity to exercise the right to refuse to trade restrictions, but to safeguard competition and consumer welfare maximization point of view of the exercise of the right of refusal to deal limit. (9) First of all, part of the single market of the main anti-monopoly law prohibits the exercise of the right of refusal to deal, if the exercise of the right of refusal to deal constitutes a misuse of market power or economic dominance behavior of words. For example, public enterprises have a natural monopoly or public good market players may not exercise the right of refusal to deal; also the case with market dominance or exclusive products in the market with the general body shall not exercise the right of refusal to deal; Again, the dominant position of economic market players to exercise the right of refusal to deal would be limited. Antitrust limits the exercise of exclusive right to refuse transactions easy to understand, but even though not a single market players with a dominant market position or have an exclusive product, if compared with the trading partners have the advantage of the transaction, to refusals to deal when it was means to implement other restriction of competition, the antitrust status of the market with the main economic advantages and ownership of intellectual property rights trading market players to exercise the right to refuse to act would restrict, limit the reasons for the refusal to deal is not the act itself, but rather The purpose of the enterprise refusal to deal is the implementation of other restriction of competition. Second, the antitrust laws prohibit two or more market players are engaged in competition for the limited exercise of the right to refuse to deal. Number of market players are engaged in acts of refusals to deal, from the point of view is the nature of the joint restriction of competition act in the Boycott, is a free competition and the elimination of effective competition and restrictions, are antitrust laws prohibited. If the number of market players engaged in the exercise of the joint refusal to deal against acts of power, the exercise of the right of the course, refusal to deal would be anti-trust legislation to restrict or prohibit. Whether the per se rule is applicable antitrust laws or the rule of reason to regulate behavior boycott, boycott actions are on the market in the main body of the refusal to deal has restricted the exercise of the right. (10)

Second, the exercise of any right will be restricted,[link widoczny dla zalogowanych], the right to freedom of contract is no exception. Bodenheimer said: The core concept of freedom of contract freedom of contract and it is not Antitrust restrictions on freedom of contract is not arbitrary, but in the last resort to laws to follow the restrictions, this restriction is acceptable freedom of contract, and therefore have the appropriate reasonable.

one, antitrust limit freedom of contract theory

when the concept of contract in modern society the development of more and more freedom to contract restrictions, we should note that people Commercial restrictions on freedom of contract in itself is a universal limit, which for all market players are treated equally, and antitrust restrictions on freedom of contract is different, only some of the market, even a small part of the market, the main subject of freedom of contract limited by antitrust laws, and other market players to exercise the same freedom of contract is not subject to antitrust restrictions, therefore, anti-trust restrictions on freedom of contract is actually a special kind of limited rather than universal the adjustment.

Fifth, the anti-trust restrictions on freedom of contract and contract law and the civil law does not conflict with the development. The alienation of the contract is the inevitable trend of development of market economy is one of freedom of contract of civil law treated is also changing the attitude of some scholars to modern civil law concept of transformation to a modern civil justice comes down to the form of real justice to the transformation (7), The pursuit of justice is the real anti-monopoly law to restrict freedom of contract reason, in this issue, the anti-monopoly law and modern civil law point of view is consistent and shared, and antitrust restrictions on freedom of contract and therefore access to established principles of civil law of freedom of contract acceptance and recognition.

Fourth, anti-monopoly law to restrict freedom of contract reason for the realization of the need to maximize the interests of society as a whole. Freedom of contract is to maximize the interests of market players to realize their own tools, market players in the exercise of the rights of freedom of contract, has often ignored the concerns of the interests of society as a whole. In fact, the boundaries of any free society is without prejudice to the conditions of the overall public interest, freedom of contract should also be the case. The core concept of anti-monopoly law is achieved by maintaining competition in the interests of society as a whole to maximize the overall interest in the pursuit of antitrust laws, where necessary, the case will need to restrict freedom of contract, such restrictions are necessary for freedom of contract and tolerance to . When not to be special restrictions on freedom of contract could damage the value of antitrust goals to be achieved when the anti-trust restrictions on freedom of contract is imperative. For example, even seemingly contradictory contract principle of free and fair competition between the two situations of conflict also occurs when the market is the main abuse of the rights of freedom of contract, the conclusion of anti-competitive contract for order and competition (such as fixed-price agreement ); antitrust sufficient competition can be achieved for the reason to restrict the right to market the main contract.

Second, the antitrust laws restrict freedom of contract, specific performance

autonomy of market players, equal rights is the foundation and cornerstone of a market economy. Kant had done brilliant exposition of freedom, that , native, inherent rights. role. German scholar Haiyinkeci, also said: to meet the new goals. It is also an integral feature of free economy. It makes it possible for private enterprises, and encourage people to establish economic relations in a responsible manner. Therefore, freedom of contract in the field of private law has an important central role. (2) Generally speaking, the principle of freedom of contract is a contract setting up the real meaning of that agreement and the parties, contractual rights and obligations of the parties will set up only when it is reasonable and legal effect. Specifically, the meaning of freedom of contract should include the following, namely, whether the freedom of contracting; and who is free to conclude contracts; determine the content of the freedom of contract; the parties the freedom to choose the form of contracts. (3) However, the process of modernization in the contract, contract in order to achieve justice, contract law has begun to limit freedom of contract, such restrictions are not a sacred principle that freedom of contract, but subject to constraints. In the modern market economy environment, in addition to civil and commercial law itself to the principle of freedom of contract restrictions, a variety of specialized law will also restrict the freedom of contract, in which the charter as a market economy antitrust restrictions on freedom of contract is particularly important and eye-catching.
Keywords: Antitrust; constraints; freedom of contract; the interests of society as a whole coalition of Chinese paper finishing.
Second, antitrust law to limit freedom of choice of the main parties. The parties the right to decide who to conclusion of contracts, which in a perfect market competition mechanism in society, is entirely achievable. Authorized parties choose the relative freedom of contract, in fact, is the recognition of the parties involved in the market circulation, freedom to compete freely. Civil and Commercial Law of the main parties on limits to freedom of choice is relatively small, but anti-monopoly law in the conduct of the business combination will control Shique choose to restrict the freedom of the main parties (11). National anti-monopoly law on mergers usually control the behavior, but not prohibited. The main provisions of the law is easy to form a monopoly or restriction of competition, mergers should be declared in advance and only get approval for, or conduct a business combination is illegal.
first reason why anti-monopoly law to limit freedom of contract freedom of contract itself because of the defects can not be avoided. For example, civil law scholars, Professor Liang also think that (4), has always been advocating for the people of freedom of contract from the outset, there were some shortcomings, it is little attention to the unequal relationship between the parties. When the form of freedom of contract blindly emphasized the sense of equality while ignoring the real sense of equality, the formal equality and substantive equality in the powerful market forces when a party may appear detached state, The defects of freedom of contract to make their own antitrust laws to restrict freedom of contract possible.

the principle of freedom of contract freedom of contract is the most basic meaning, market players will have the right to decide according to their own conclusion or not the conclusion of contract. However, to protect the interests of consumers, many of the state with people's lives, forced contracting business obligations. For example, electricity, water, gas, telecommunications, railways and other enterprises to select the counterpart are rejected by the provision of services for some people,[link widoczny dla zalogowanych], who themselves can not have other options, therefore, be considered based on people's livelihood, to the law direct regulation or government action to replace the meaning of the parties, the obligation to bear the compulsory contracting. ( Cool

and anti-monopoly law in special circumstances out of real justice and freedom to maintain the restrictions on contracting, antitrust restrictions on freedom of contract the most typical manifestation of the exercise of market players is the right of refusal to deal restrictions.
example, the German Competition in the market for small and medium enterprises in favor mergers, the law does not prohibit, and the conditions for competitive harm serious harm to the competitive environment of business enterprise mergers are prohibited. Therefore, the German and this improvement over the shortcomings of market domination, and unless. Germany's the amount of more than 50 million German marks, the merger control system for the requirements. However, there are other than control of the situation, it is not the German Stock Corporation Act provides a subordinate enterprises, and at the last business year, sales of less than DM 20 million, with another business combination, or the market in question , at least 5 years supply of goods or services there, and below the previous calendar year sales of DM 30 million, with another business combination. Antitrust laws in other countries control the behavior of the business combination is usually when the size of the enterprise's market position and business point of view, therefore, corporate mergers in progress If you want to control is not bound to anti-monopoly law to note that the choice of trading partners, from which we can see the anti-monopoly law on restrictions on freedom of choice of the main parties.

Third, anti-monopoly law in determining the contents of restrictions on freedom of contract. The parties have the freedom to decide on content of the contract, which is the core principle of freedom of contract, contract contents to determine the meaning of freedom has two aspects: the freedom of parties to choose the type of contract and the contractual terms of the freedom of choice. Contracting parties are free to choose the subject of contract, price, method of execution, delivery time and place, breach of contract matter of accountability, etc., but in some special cases, the status of competition in a weak or passive position will market players decided to trade the contents of lost freedom, real equality and justice, and consumer welfare will be impaired, anti-monopoly law will be the decision to limit the freedom of contract content.
Third, antitrust law does not restrict freedom of contract to restrict freedom of contract the only path. In fact, contract law in the gradual process of modernization has begun to consciously freedom of contract to restrict, for example, China's Contract Law of the standard terms of the relevant provisions; for example, public order and good customs of the modern civil law limits freedom of contract is an important system, an individual interests to the public interest embodied in the freedom of contract principles are the principles of public order and good customs restrictions and gradually give way to the principle of public order and good morals. (6) In addition to contract law, other laws also limit the freedom of contract, for example, labor laws on employers and workers to contract for the purpose of safeguarding the fundamental rights of workers and restrictions on freedom of contract. All the above shows that in order to achieve real equality and justice, in order to achieve the overall interests and the sustainable and harmonious development of society, freedom of contract has been more and more restrictions, antitrust restrictions on freedom of contract has a practical operational and will become an objective trend.

On the anti-trust restrictions on freedom of contract (1)

Abstract: Freedom of contract is the basis of market economy, more and more concerned about the contract in the modern civil law and justice, while limiting the freedom of contract, antitrust restrictions on freedom of contract began to play in economic life important effect. This article from the antitrust laws restrict freedom of contract theory, discusses the antitrust laws to restrict freedom of contract and specific performance of antitrust restrictions of freedom of contract should be pay attention to the problem of trying to limit the right to re-interpret the perspective of antitrust method.
in a market economy, market, operational autonomy is the main driving force of economic development, the state is not justified and necessary circumstances can not be on the market to limit the autonomy of the main business, while maintaining competition in the state antitrust laws, the government's will is very strong, therefore,[link widoczny dla zalogowanych], anti-monopoly law on freedom of contract, including the right to market players, including the operational autonomy must be sufficient to limit the theoretical basis.

First, the anti-trust restrictions on freedom of contract
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