| 摘要: | 在經濟全球化背景下，經濟活動非常頻繁及複雜，市場競爭秩序需要各國反壟斷法律及執法機構共同維護，對於跨國性的現代企業，他們的業務已由一國境內，逐漸延伸至國與國雙邊或多邊關係中。近年來，國際卡特爾大量產生，妨礙了世界市場的公平有效競爭，各國競爭法主管機關無不透過司法互助、資源分享及加強合作關係，積極打擊違法卡特爾，避免其對經濟活動的危害，更對違法卡特爾之成員施以罰款、罰金、賠償、徒刑等行政、民事與刑事制裁。
本文將從經濟法的角度出發，對美國及中國反壟斷法的實施機制與反壟斷機構的執法機制進行深入分析。其中，美國屬目前少數擁有完善反壟斷法制與反壟斷執法機構之國家，大多數國家的競爭政策都仍在探索中漸進，因此研究美國的反壟斷執法機制，及其如何對廠商合謀的判決經驗，對於企業及國家法制而言，具有非常重要的實踐意義，此外亦借助「美國政府訴友達光電」的案例，進一步釐清相關問題。反觀中國，雖其政策較無美國完備，但近年來中國逐漸崛起已為世界經濟體之重要市場，未來與國際合作打擊國際卡特爾的參與上勢必佔有要角，亦有相當研究價值。
面對全球化浪潮興起，法制環境日趨嚴峻，台灣應盡力跟上時代腳步，因此藉由研析美國及中國對反壟斷執法，作為台灣反壟斷法未來補充和修正之借鑒方向，以因應國際競爭法趨於嚴格的大趨勢。
Economic activities are frequent and complicated due to economic globalization. The order of market competition requires joint maintenance of the anti-monopoly/antitrust laws and the enforcement authorities of every country. As for multinational enterprises of the recent era, their business operations have gradually extended from within the territory of one country to bilateral or even multilateral relations between countries. In recent years, fair and effective competition in the world market has been hindered due to the emergence of a large number of international cartels. The competent authorities of competition law in various countries have been actively combating illegal cartels through mutual legal assistance, resource sharing, and strengthening cooperative relationships to avoid harmful effects on economic activities. Moreover, further administrative, civil, and criminal sanctions such as fines, penalties, compensation, and imprisonment are also imposed on members of illegal cartels.
This thesis starts from the perspective of economic law and conducts an in-depth analysis of the implementation mechanisms of the anti-monopoly/antitrust laws in the United States and China. The United States is one of the few countries with a well-developed and comprehensive legal system and enforcement agencies for antitrust laws. The competition policies of other countries are still being explored and developed. Therefore, studying the enforcement mechanisms of the United States and its experiences in adjudicating collusion among suppliers or manufacturers holds tremendous practical significance for enterprises and the national legal system. In addition, the case of the United States Government v. AU Optronics Corporation was also used to clarify relevant issues further. As for China, although the policies are not as complete as those of the United States, China has gradually emerged and become an important market for the world economy, which will inevitably hold an essential role in future cooperation with the international community to combat international cartels. Therefore, China has considerable research value, which is also worth studying.
In view of the rise of globalization and the increasingly stringent legal environment, the Republic of China (Taiwan) should endeavor to keep up with the pace of times. The analysis of the anti-monopoly/antitrust laws of the United States and China could serve as a reference and provide direction for future supplementation and amendment of the anti-monopoly/antitrust laws of the Republic of China (Taiwan) in order to respond to the trend of stricter international competition laws. |
