Economics Meaning
Market disorder itself is an economic term, not legal terminology. Generally speaking, in economics, market disorders have roughly finger, but there seems to be no specific and fixed meaning.
The market described in Adam Smith is a fully competitive market. Economists will approximate the full competition market as the following conditions and models: the number of companies is large, any enterprise is impossible to affect the price of production; there is no difference in products; resources can flow completely freely; with complete symmetrical information . In a fully competitive market, there is no market disorder. However, this market model has never realized in realively, although people have always used them as the ideal state, but they have never harmed and pursue. The market in real life is a market that is incompletely competitive, so that economists have divided three types of markets based on the level of competition, the monopoly market, which only there is a market that does not compete with competition; oligarch market, There are several companies to provide goods for the market, there are some level of competition; the monopoly competition market, between the monopoly market and the oligo market, the number of companies is more than the oligo market, but there is not much enough to achieve complete competition. It is in an incomplete competition market, there is a market disorder, mainly reflected in the obstacle, and it can even be said that market disorders in economic skills are to enter obstacles.
In an incomplete competition market, profits arising from monopoly or incomplete competition will encourage other companies to enter the market, monopoly, and other factors to prevent other companies from entering the market to marry and margin, these factors It constitutes an entry barrier. The form of entering the obstacle is a variety of policies and regulations that may be prohibited or restricted, and may be a technical factor in restrictions on the number of companies on the market, and can also be a market strategy that makes competitors in trouble.
In terms of policies and regulations, in history, in history, there have been monopoly of the British government to the East India and India for trade, France's salt industry's monopoly's exclamation right; today Some public enterprises have provided specific communities (such as electricity and telephone) monopoly privileges, government-recognized patents, and the government's license system for some special industries (such as lawyers, accounting, medicine).
In terms of restricting the technical factors of the number of enterprises in the market, the most prominent natural monopoly, that is, in some cases, the technique used by the production of a commodity can lead to only one business in a market or Very few companies. For example, two power supply companies hold wires at the same city at the same time, and a power delivery of electricity to a user, and another power delivery of another user next door will be lack of efficiency. Phones, water and gas services, etc. are usually provided by a separate company, the reason is here. Because the lack of competition at this time is the result of nature, no one can envisage the way competition is a feasible method, or a way to enhance the industry efficiency through other companies. Of course, with the advancement of technology, the scope of natural monopoly has changed, and many countries have begun to introduce competitive mechanisms in some public enterprises to improve efficiency, that is, examples.
In the way, it is more different in the way other enterprises entering in the market strategy of competitors' difficulties in trouble. For example, through the pricing pricing, the competitor will take the market, and the potential enterprise enters the formation deterrence; the restriction pricing, that is, monopoly enterprises deliberately controlled pricing, so that potential competitors believe that their marginal cost is lower, thus Enter the market lack of attractive; other restrictions, such as Carter, exclusive transactions, sell, maintain resale prices, etc.
In addition, through false propaganda, information is asymmetrical, forming market disorders.
Therefore, the so-called market disorder is essentially a variety of factors that prevent the market competition. Market barriers have both positive and negative. For example, it has patented and trade secrets, although it has formed a technical monopoly, there is an incentive technological progress; natural monopoly is the result of technology that cannot be overcome, although it hinders competition, but it is the best choice for efficiency under established technical conditions. : Carter, exclusive transaction, sale, maintenance resale price, etc., is a market-competitive person, basically harmful to competition.
Of course, the market disorder in the 15th National Congress is presented as a "clear" object, which is a clear value to judge color, inevitably a negative market disorder. The following is also a market disorder in this negative sense. Moreover, the above-mentioned incoming barriers are also different from quasi-human obstacles in the sense of enterprise registration. It is some deep, substantial obstacles that hinder the effects of market mechanisms.
type
Market barriers in my country's market development process, induction into two categories:
is an unfair competition in business activities; < / p>
Another category is administrative monopoly.
The former includes: unfair competition and restrictions. The latter refers to local governments and economic administration abuse administrative power, rejection, restrictions, or interference in the region, between the enterprises, and the legitimate competition between them with other regions and departments.
Legal form
In terms of law, market disorder can be attributed to a variety of legal forms. For example, from the actual situation of my country, market disorders caused by legal policies can be expressed as administrative monopoly; technical reasons can produce industrial monopoly acts for natural monopoly enterprises; market strategies that compete in trouble can lead to various restrictions and Unfair competition behavior. These legal forms can be intertwined.
(1) Market disorder of non-market main body - Administrative monopoly
From the perspective of economic development, free letters is a comprehensive control of economic, guild and national monopoly for feudal countries. The background of the market is bricled, with a strong anti-administrative monopoly. As the law of freedom of freedom of freedom, the contract is reflected in the Idea of the Capitalist Society, is pushed to one of the principles of private law. Under the promotion of freedom, the market transactions depends entirely on the will of the parties, the government of free capitalism has become a negative government, and the economic life is not active, the government has a clear boundary. The capitalist towel, which is built in this idea is a freely competitive market that rejects government intervention, and the government will not accept market disorders through legal policies. Although the country has intervened competition through anti-monopoly and anti-unfair competition legislation, this intervention is designed to correct the "market failure", repair normal competitive functions, is clear rather than setting up market disorders. Therefore, until today, market disorders such as administrative monopoly and regional blockade in my country are very few in the Western market economy countries. There is no big soil, and the impact of economic life is not highlighted. The anti-monopoly law of Western countries There is no more attention to this.
my country is in the transitional economic period of planning economy, the transitional economic transition of the economic transition, the tradition of economic life is impossible, and some administrative organs and administrative personnel do not Understand, not adapt or not willing to manage the market economy according to the market approach, plus the conflicts and imbalances of various interests, resulting in the use of administrative power to set market disorders, typical performance is administrative monopoly and regional blockade (can be known For administrative monopoly). In real life, there is only administrative monopoly implemented through abstract administrative behavior, such as the universal restrictions such as issuing policy documents, preventing local commodities from flowing to the field, or preventing foreign commodities from entering the local market, my country is common Construction of a fixed-point card on the road, hindering the circulation of goods, essentially of such administrative monopoly, or external expressions; there is also a specific competition through specific administrative behavior, such as abuse of administrative power to purchase its designated goods .
The existence of administrative monopoly reflects the system problem, that is, the relationship between the government and the market has not been set, and the government can freely intervene economic life. This market barrier must be eradicated through the reform and transition of the system. The transition of the system is all-round and gradual, and must be implemented in a system. For example, it is possible to deal with administrative monopoly by strengthening the power of anti-monopoly agencies, such as regulating the government's regulations on competition, subject to anti-monopoly agencies (France and some competition laws in Eastern European countries have clear provisions); Give anti-monopoly institutions to revoke abstract administrative behaviors and the power of specific administrative behavior. Like other economic transition countries, administrative monopoly is the enemy of establishing a market system. In order to ensure the establishment and development of the market system, the anti-monopoly legislation of my country is not in the absence of the anti-monopoly legislation of the economic transition country, but should have a very prominent provision of anti-administrative monopoly to adapt to the need to contain administrative monopoly. This is an important feature of my country's anti-monopoly legislation.
(2) Market Obstacles of Market Subjects - Restricting Competition and Unfair Competition Behavior
Market Trading is ultimately reached by contract, contract is between connection competitors, competition Tie and axis of transaction relationships between non-competitors. Competitors often set market disorders for contracts or through contracts. Therefore, we can observe market disorders from the perspective of contracts or with contracts.
1. In order to achieve a contract, the market disorder set is the legal form of market transactions, and only signing contracts can make profitability and reality. In order to sign a contract, there must be some auxiliary or pre-sexual behavior, its purpose is to enhance its competitiveness, such as promoting their own goods, attracting the other party, enhances the competitiveness of goods, and even crowded with competitors. If these behaviors are unfair, they may become market disorders. For example, product difference is a very important factor affecting the level of competition. The differences in product differences directly affect the choice of consumers. Under normal circumstances, enterprises often pay considerable efforts to make their products and their competitors, and The product logo is an important representation of the identification of product differences. It is improving the goods of others. It causes the fish of the goods, the competitive advantage of the goods, will inevitably hinder the innovation and progress of others, hinder the normal operation of the competition; It is inevitable that market information is distorted, disturbing the information source of the operator to determine the information situation, increasing transaction costs; through commercial bribery, unfair sales such as market transactions, inevitably distorted the cost, quality relationship of goods, and make competition Using your own exclusive position, take the strategy of crushing competitors, reduce or eliminate competitors, and make competition inadequately make competition.
The above act is a unilateral behavior implemented to eventually obtain favorable contract conditions. These behaviors are either unfair competition, or restrict or eliminate competition, which harm the interests of competitors, and harm consumption The interest (current interest or long-term interest), constitutes an obstacle to the normal operation of the market.
2, through the market barrier of contracts
modern country, a deactivated intervention, and turning the contract, actually starting from the perspective of maintaining competitive order. of. Under the principle of contract freedom, the parties have a complete freedom to deal with the parties, determine the contents of the contract, and the contract signed by the parties is equivalent to law, and only the country should give relief. However, with the extremely use of contract freedom, some market advantages have an advantageous status, through format contracts, etc., to impose unreasonable conditions (format contracts are active, can avoid one-on-one negotiation method, saving Transaction costs, but it is also easy to have an advantageous status to abuse); some companies have colluded with each other through Carterl and other forms and restrictions. In order to maintain the competition order, the state intervene in such contractual relations, the anti-monopoly law is largely the product of these contractual relations, and the anti-monopoly law is invalidated by the provisions of such contracts, or for some contracts involving competition. Licensing, in a variety of ways of civil, restrictions and even criminal, to maintain restrictions in competition, and maintain competition order.
Therefore, the abuse of the contract may become a means of setting a market barrier. The declaration agreement specified in the modern anti-monopoly law is invalid, the system for approving the agreement is the abuse of the freedom of correction contract, and the administrative intervention of the contract is mainly an intervention in the sense of competition law.