The Role of Competition Law
国际商法教程期末试题及答案
国际商法教程期末试题及答案1. 单选题（每题2分，共40分）1. What is the main purpose of international commercial law?A. To regulate domestic business transactionsB. To facilitate trade between different countriesC. To protect consumers from unfair business practicesD. To enforce intellectual property rights答案：B2. Which of the following is NOT a principle of international commercial law?A. Freedom of contractB. Good faithC. Sovereign immunityD. Pacta sunt servanda答案：C3. Which international organization is responsible for the settlement of disputes between member countries?A. World Trade Organization (WTO)B. International Monetary Fund (IMF)C. United Nations (UN)D. International Court of Justice (ICJ)答案：A4. What is the purpose of the United Nations Convention on Contracts for the International Sale of Goods (CISG)?A. To harmonize contract law in different countriesB. To establish a global court for contract disputesC. To regulate the sale of goods within a specific regionD. To protect consumers from fraudulent sellers答案：A5. Which of the following is NOT a method of dispute resolution in international commercial law?A. MediationB. ArbitrationC. LitigationD. Negotiation答案：D...（继续回答6-40题）2. 客观题（每题5分，共50分）1. Define the principle of "lex mercatoria" in international commercial law.答案：Lex mercatoria refers to the body of customary rules and practices that have developed in international trade. It is based on the principles of fairness, good faith, and commercial reasonableness.2. Explain the concept of "force majeure" and its role in international contracts.答案：Force majeure refers to unforeseen circumstances or events beyond the control of the parties that make it impossible to fulfill their contractual obligations. It is often included as a clause in international contracts to excuse performance in such circumstances.3. Discuss the significance of the "most favored nation" principle in international trade.答案：The most favored nation principle requires that any favorable treatment given to one country must be extended to all other countries. It promotes equal treatment and prevents discrimination in international trade.4. Explain the difference between common law and civil law systems and their influence on international commercial law.答案：Common law systems are based on judicial precedents and case law, while civil law systems rely on codified statutes and legal codes. These two systems have different approaches to contract interpretation and dispute resolution, which can impact the application of international commercial law.5. What is the role of the International Chamber of Commerce (ICC) in international commercial law?答案：The ICC plays a significant role in the development and promotion of international commercial law. It provides standardized model contracts, rules for arbitration, and other resources to facilitate trade and resolve disputes....（继续回答6-10题）3. 论述题（每题20分，共60分）1. Discuss the importance of choice of law clauses in international contracts.答案：Choice of law clauses are essential in international contracts as they determine which jurisdiction's laws will govern the interpretation and enforcement of the contract. This helps ensure legal certainty and predictability, especially when parties involved are from different countries with different legal systems. By choosing the applicable law in advance, parties can better understand their rights and obligations under the contract and avoid potential conflicts or misunderstandings. It also provides a clear framework for resolving disputes that may arise during the course of the contract. However, it is crucial for parties to carefully consider the choice of law and seek legal advice to ensure it aligns with their interests and objectives.2. Analyze the benefits and challenges of international arbitration as a method of dispute resolution in international commercial law.答案：International arbitration offers several advantages as a method of dispute resolution in international commercial law. Firstly, it provides a neutral and private forum that allows parties to resolve their disputes outside of national courts, which can be advantageous when dealing with cross-border transactions. The use of arbitration can help avoid potential biases or preferences towards domestic parties. Secondly, it offers flexibility in terms of procedural rules, language, and choice of arbitrators. Parties can select arbitrators with expertise in the subject matter of the dispute, thus ensuring a fair and knowledgeable decision-making process. Thirdly, arbitral awards are generally enforceable across countries through international conventions such as the New York Convention, which enhances the enforceability and finality of arbitration decisions.However, international arbitration also presents challenges. It can be expensive, especially when parties need to hire specialized legal counsel and arbitrators. The lack of a formal appeals process can raise concerns about limited options for challenging an unfavorable award. Furthermore, cultural and procedural differences between parties involved from different jurisdictions can impact the efficiency and fairness of the arbitration proceedings. Despite these challenges, international arbitration remains a popular choice for resolving disputes in international commercial law due to its many advantages.3. Discuss the role of the World Trade Organization (WTO) in regulating international trade and resolving trade disputes.答案：The World Trade Organization (WTO) plays a crucial role in regulating international trade and resolving trade disputes among membercountries. Its primary objectives include facilitating the smooth flow of trade, promoting fair competition, and ensuring that trade policies are transparent and predictable. The WTO provides a framework for negotiating and enforcing trade agreements, such as the General Agreement on Tariffs and Trade (GATT) and various sector-specific agreements.One of the key functions of the WTO is dispute settlement. It offers a multilateral and binding dispute resolution mechanism that helps member countries resolve trade disputes in a fair and impartial manner. The WTO Dispute Settlement Body (DSB) consists of independent panels that hear and adjudicate trade disputes brought by member countries. The DSB's decisions are binding, and non-compliance can result in authorized retaliation or the imposition of trade sanctions.The WTO's dispute settlement mechanism has contributed to the resolution of numerous trade disputes, promoting stability and predictability in international trade. It has played a significant role in reducing trade barriers and ensuring compliance with agreed-upon trade rules. However, some criticisms include the length and complexity of the dispute settlement process, concerns about the influence of powerful countries, and the limited participation of developing countries in the decision-making process.Despite these challenges, the WTO remains an important institution for the regulation and resolution of international trade disputes. It continues to work towards a more inclusive and balanced international trading system....（继续回答4-6论述题）总结：本文针对国际商法教程期末试题及答案展开了详细的回答。
独家销售（排他性销售）（Exclusivesales（exclusivesales））
独家销售(排他性销售)（Exclusive sales (exclusive sales)）Exclusive sales means that the parties agree, through the agreement, that the manufacturer supplies products to a retailer in a particular area and is resold within that territory. At the same time, the Seller shall not take the initiative to sell the product in the exclusive territory assigned by the manufacturer to other exclusive vendors.Exclusive sales or exclusive sales agreement, it is concluded the agreement between the two companies, one of the direction of other commitments, for resale of a commodity, it is in a particular market or the market in a certain area only to each other to provide goods. The exclusive sales agreement is the most widely used vertical restraints in practice. This agreement has two characteristics, the first is exclusive". If a manufacturer has entered into a sales agreement with two or more vendors in one contract area, such agreements cannot be called exclusive sales agreements (two). The second characteristic is "sale", that is, the main content of this agreement is that one party sells goods for the other party. If a party buys the goods only for their own use or consumption, this is not an exclusive sales agreement.Generally speaking, a manufacturer does not enter into exclusive sales agreements with only one seller. If he is at the same time with many vendors in different regions to enter into an exclusive sales agreement, such agreement is also known as exclusive geographical agreement (exclusive territories). Exclusive sales agreement is generally prescribed in the contract, the seller can region exclusive sales of products, manufacturers and distributors of other manufacturers in thearea shall not sell products, exclusive sales agreement is the most exclusive regional agreement.The competition of modern enterprises is largely the product of brand competition, so the producers need to retailer promotion and sales of its own brand, but the seller is not willing to pay for the reality of this effort. This is because, in the same area there are other vendors selling the same brand case, if a seller for the brand promotion and sales efforts, the retailer promotional effort to increase sales by other vendors to share, that is to say the sellers to other vendors do wedding dress this is the effort, the vendors would not. Exclusive selling this way solves this problem very well. Exclusive selling manufacturers ensure that the retailer promotes the return of its brand by placing only one seller in each area.The theory of competition law generally believes that competition between brands is more important than competition within the brand. Although the number of exclusive sales restrictions each regional sales of the same brand dealers, weaken the inter brand competition, contrary to possible legal protection and competition, but also make sales each manufacturer's products have got their vendors active promotion and marketing, intensified the competition among various brands, so it is positive significance in law. But exclusive sales can also have a negative effect on competition in some cases. As a brand products in the market is relatively small, inter brand competition is not sufficient, the brand competition is important, if only the brand exclusive sales, it will eliminate the brand competition (the competitionbetween brands is weak, this is the actual elimination of competition) and market segmentation and foster price discrimination. But if most or all of the manufacturers have adopted exclusive sales, will facilitate manufacturer or vendor conspiracy, formation of price cartel monopoly market, which is not allowed by the law.Editorial elements of exclusive salesExclusive sales in addition to the general effective conditions shall have the contract, should also have the following special elements: first, the subject is the exclusive distributor agreement (upstream enterprises) and exclusive distributors (downstream enterprises), both parties belong to two different business areas, and each area of operation is the relationship between upstream and downstream, such as production manufacturers and wholesalers, manufacturers and retailers, wholesalers and retailers. Second,The contents of the agreement include the agreement as a party to the upstream enterprise commitment in a particular market or market in a certain field just as the other party to downstream enterprises provide a commodity, and both the upstream enterprise initiative or passive acceptance of downstream requirements of enterprises and to make such a commitment. Third, the parties reached an agreement for a common purpose and sales of a commodity, the upstream enterprises may be the reason for the sales of a commodity to expand its product market share or promote the products to enter the market for the downstream enterprises may, for reasons to reduce costs and improve the competitiveness of enterprises,the exclusive sales market to expand profit considerations.Exclusive sales in the exclusive distributor is in its own name, for their own interests, engaged in the purchase of resale, and enjoy the exclusive exclusive distribution of the interests of dealers, and commercial agency agreement agency has obvious difference. First, the exclusive distributor for business activities in the name of the customer, and their customers, through these activities will be a commodity according to the exclusive sales agreement to obtain the exclusive right to sell into commercial profit; and the agent must be in the name of the principal shall appoint affairs. Second, although the exclusive distributor of exclusive sales agreement, must bear the specific obligations of the exclusive distributor, but its operating behavior to buy after the resale shall be self financing; and the agent for the authorized matters within the jurisdiction does not bear any losses, and entitled to be paid the claim agent. Third, in practice, the exclusive distributor also signed an exclusive sales agreement with a number of exclusive dealers have also occurred, and in the commercial capital and industrial capital penetrate today, some exclusive distributors signed an exclusive sales agreement while its production and sales of competing products or alternative products; and agents often subject to the same restrictions prohibited not for yourself, or third people with similar business agent business competition.Similarly, exclusive sales in the exclusive distributor for its own interests and business activities, which is different from the broker brokerage agreement. It is different from the intermediary in the intermediary agreement because it is notan opportunity for the sole distributor to report the contract or to provide the intermediary services for the conclusion of the contract.The role of editing exclusive salesIn 1964, Consten of France and Germany Gr ndig Co. v. Commission case shows that the exclusive sales agreement has obvious economic benefits. First of all, this kind of agreement can improve the circulation of commodities. Because once entered into this agreement, producers in a country or a region of the market sales to a fixed enterprise, which not only enables the manufacturer with many vendors will no longer need to negotiate trading conditions of every hue, which can be overcome in multinational sales because of language, legal or other differences due to the difficulty, but also can reduce the transaction costs, which is conducive to promoting the circulation of commodities and international trade. For small and medium manufacturing enterprises, the conclusion of an exclusive sales agreement is often an effective and sometimes only way to enter a market or participate in market competition.Exclusive sales agreements also help to expand the sale of goods. Because according to such an agreement, the agreement products in a region only one enterprise for sale, the seller's profit is entirely dependent on his sales of this product. In this case, seller will try to carry out market research, take various positive measures to expand sales, such as advertising, undertake customer service service or by other means of promotion, the results will not only increase the retailer's revenue, but also to expand production and increase revenue forthe producer.Exclusive sales agreements are not only beneficial to producers and sellers, but also to market competition. This is because exclusive sales help improve the distribution of goods and increase the economic benefits of producers and sellers, thereby stimulating more manufacturers and sellers to enter into such sales agreements,As a result, competition between different brands of products is promoted, especially in the introduction of new foreign products. As a result, the choice of consumers can be expanded and greater social benefits for consumers.Of course, exclusive sales can also severely limit competition. If the supplier accounted for more than 30% share in the relevant market, or seller in its market sales accounted for more than 30% of the share, the exclusive sales system will be shut down because of a large range of market competition, the restrictions on the extent of damage of the longitudinal competition is very serious, this is likely to be limited to the longitudinal as is illegal. In addition to considering the market share of the parties, we should also consider the amount of transactions involved in the vertical restraints and the extent of market competition. The "longitudinal and vertical coordination agreement act is the third paragraph of article eighty-first of the EC Treaty in 1999 2790th, fourth (b) Regulations" provisions, a vertical agreement if you limit the buyer sales area or customer, this agreement in principle cannot be exempted. However, if this agreement is prohibited in the buyer seller or seller for other vendors in the retentionof the exclusive territory or proprietary proactive customer sales, and this restriction does not affect the buyer for sale in the exclusive territory their circumstances, the limit can be exempted.According to the European Commission in May 24, 2000 issued the "vertical agreement collective exemption Ordinance applies guide" section fiftieth, active sales refers to the sellers in the exclusive area set up shop to open up sales channels or others. This is considered passive marketing if vendors advertise only in their exclusive sales territory, or through the media or the internet. According to the fifty-first section of the guide on e-commerce, any retailer has the right to advertise and sell goods using the internet. Because the Internet is a reasonable way to engage consumers and customers, sales on the Internet are not considered to be active sales. However, if vendors send unsolicited emails to potential customers, such behavior must be considered an active sale.An editorial's identification of exclusive salesIt is necessary to analyze whether each specific exclusive sale has a significant negative impact on competition, that is, whether the negative impact is greater than the positive impact. When comparing the positive effects of American and European courts, the following factors should be taken into consideration:1, the market position of the producer and its competitors. Generally speaking, manufacturers market position and strength of the negative effects of exclusive sales is proportional tothe power, if the manufacturer is too strong, it will strengthen its exclusive sales by market forces, which are at risk of severe competition within the limits of brand. At this time, to pay attention to the competitor's market position, if the market power is strong, but also the similar effects of vertical restraints, the competition of the product market of the brand is very easy to be coordinated, so that these enterprises can easily reach a conspiracy, the exclusion of other small competitors or potential competitors.2, market access barriers. There is a threshold of market access barriers or enter the market relatively high in a market, manufacturers develop new vendors is difficult, once the market dealers are few producers to exclusive sales of the way to master, so most of the manufacturers in the market will lose sales channels, this will severely restrict competition. Therefore, market barriers are also important factors for us and European countries to consider whether exclusive sales are illegal.3, whether the buyer has "purchasing power"?". Whether the exclusive sale of the manufacturer's sales force has "purchasing power" is an important consideration in the courts in Europe and the United states. "Purchasing power" means that sellers have strong market power in the downstream market. If in the exclusive sales system, the buyer also has "purchasing power", it is likely to cause exclusion to other vendors. For example, in a product market, a retailer has a dominant position,Due to the purchasing power of the retailer, the majority ofthe brand's exclusive sales makers will choose exclusive sales cooperation with the retailer. This exclusive sale cuts off the supply of other small sellers and forces them out of the market, which is detrimental to competition.4, the maturity of the market. The maturity of the market is also an important factor in assessing the impact of exclusive sales. In a mature market, exclusive sales may lead to reduction of possible Intrabrand competition and price discrimination is a very serious problem, because the field of alternative products are relatively fixed, if the market competition between brands is not enough, this is especially serious harm. But, in a growing demand for technology innovation, enterprise's market position in the ever-changing market, the negative effect produced by the exclusive sales may not be very serious, because if the product update quickly, the enterprises can hardly control through a product sales to control the market.5, the nature of the product. When evaluating the anticompetitive effects of exclusive sales, the nature of the product is also a factor to consider. Usually, in new products, complex products, and it is difficult to judge the quality of the products before consumer products (product experience so-called), and consumption is also very difficult to judge the quality of the product (the so-called credit products) in these areas, the efficiency can be achieved by exclusive sales. In these areas, the market is difficult to open without exclusive sales, protection of vendors' sales enthusiasm, and protection of the investments they make to sell the product.Exclusive sales as an effective marketing tool, not only because of its positive effects to enhance market competition and be granted legal legal status, and may be subject to foreign antitrust penalties because of the negative effect of anti competition. Therefore, make good use of exclusive sales in this mode of operation to avoid the negative effect of propriety, which is greater than the positive effect, it is particularly important for China is committed to the development of foreign trade and open markets in Europe and America enterprises.。
Seminar 1 - Competition and market def
SCHOOL OF LAWInternational Competition Law (LAW5445M)Seminar 1 – Week 3 (Oct 14)Overall Structure and Purpose of Competition Law & BasicEconomic Principles and ConceptsKey Reading (please read all of these):1.R Whish and D Bailey, Competition Law, (8th ed, OUP, 2015),Chapter 12.Id., Chapter 2.1, 2.2a, 2.2.b.i – 2.2.b.iv3.European Commission …Notice on the Definition of the Relevant Market for thePurposes of Community Competition Law‟ [1997] OJ C 372/5Page count: 66Further reading (read these for an advanced understanding):1.S Bishop and M Walker, The Economics of EC Competition Law: Concepts,Application and Measurement (3rd ed, Sweet & Maxwell, 2010) Chapters 2 and 42.L Kaplow …Market Definition: Impossible and Counterproductive‟ (2013) 79 AntitrustLaw Journal 3613.“What is Competition on the Merits?”, Policy Brief, OE CD June 2006 Questions1.How would you define …competition‟?2.What are the potential aims of competition law and policy?3.Do you see an inherent paradox in competition law in that on the one hand it tries toencourage competition and on the other hand once an undertaking wins thecompetition and gains market power, the law seeks to limit its behaviour? Why / why not?rger firms often have advantages over small ones. For example, efficiencies ofscale and scope, stronger bargaining power with suppliers enabling them to buy inputs at lower prices. As a consequence, large and small firms may not compete on an equal basis. Is it the role of competition law to protect small firms, and if so, why?5.What are the limitations of using the model of …perfect‟ competition as a standard orparadigm against which real markets should be judged?6.Define what is meant by an oligopolistic market? Can you give examples ofoligopolistic markets? Can you give examples of markets which are not oligopolistic?7.Explain the following terms: marginal cost; marginal revenue; consumer and totalwelfare.8.Why is market definition important?9.Explain how the SSNIP test operates.10.What is meant by the …Cellophane fallacy‟? How is it relevant for competition law?。
拿起法律武器,捍卫消费者权益600字英语作文
拿起法律武器,捍卫消费者权益600字英语作文全文共3篇示例，供读者参考篇1Taking Up the Weapon of Law to Defend Consumer RightsAs students, we are all consumers in one way or another. Whether it's buying textbooks, electronics, food, or clothes, we constantly engage in transactions with various businesses and service providers. While most of these interactions go smoothly, there are times when our rights as consumers are violated, and we find ourselves in situations where we need to take a stand. It is in moments like these that we must wield the power of the law to protect our interests and uphold the principles of fairness and justice.Consumer rights are a fundamental aspect of awell-functioning society. They ensure that individuals are treated fairly and protected from deceptive or exploitative practices by businesses. These rights encompass a wide range of areas, including the right to safety, the right to be informed, the right to choose, and the right to be heard. However, these rights are notmerely abstract concepts; they are legal entitlements that are enshrined in various laws and regulations.One of the primary legal instruments that safeguards consumer rights is the Consumer Protection Act. This act outlines a comprehensive set of guidelines and regulations that businesses must adhere to when dealing with consumers. It covers areas such as product safety, misleading advertising, unfair contract terms, and consumer redress mechanisms. By familiarizing ourselves with the provisions of this act, we can better understand our rights and the recourse available to us when those rights are infringed upon.However, simply being aware of consumer protection laws is not enough. We must also be willing to take action and assert our rights when necessary. This may involve filing complaints with the appropriate authorities, seeking legal counsel, or even pursuing legal action in extreme cases. While the prospect of legal action may seem daunting, it is important to remember that the law is on our side, and we have the power to hold businesses accountable for their actions.One of the most common areas where consumer rights are violated is in the realm of product safety. We have all heard horror stories of defective products causing injury or harm toconsumers. In such cases, the law provides a clear path for seeking compensation and holding the responsible parties accountable. By taking legal action, we not only protect our own interests but also send a strong message to businesses that prioritizing profits over consumer safety is unacceptable.Another area where consumer rights are frequently violated is in the realm of deceptive advertising and marketing practices. Businesses often use clever tactics to mislead consumers about the true nature of their products or services. This can range from exaggerated claims about product efficacy to hidden fees and charges. By standing up against such practices and invoking consumer protection laws, we can help create a more transparent and honest business environment.It is important to note that defending consumer rights is not just about individual cases; it has broader implications for society as a whole. When businesses are held accountable for their actions, it creates a ripple effect that encourages better practices and fosters a culture of ethical and responsible business conduct. This, in turn, benefits all consumers by promoting fair competition, innovation, and a higher standard of service.Moreover, by taking up the mantle of consumer advocacy, we are not only defending our own interests but also those ofothers who may be less empowered or knowledgeable about their rights. Many consumers, particularly those from vulnerable or marginalized communities, may not have the resources or awareness to navigate the legal system effectively. By raising our voices and standing up for consumer rights, we can help amplify the voices of those who may otherwise go unheard.Of course, the path to defending consumer rights is not always easy. It requires perseverance, determination, and a willingness to confront powerful corporate interests. There may be instances where we face resistance, intimidation, or even retaliation from businesses seeking to protect their bottom line. However, it is in these moments that we must remain resolute and steadfast in our pursuit of justice.Ultimately, taking up the weapon of law to defend consumer rights is not just a personal endeavor; it is a civic duty and a responsibility we owe to ourselves and to society at large. By exercising our legal rights and holding businesses accountable, we contribute to the creation of a more just and equitable marketplace, where the interests of consumers are protected, and ethical business practices are the norm rather than the exception.In conclusion, as students and consumers, we have a unique opportunity to shape the landscape of consumer protection. By arming ourselves with knowledge of consumer rights and the law, and by taking action when necessary, we can play a vital role in upholding the principles of fairness, transparency, and accountability in the business world. It is a responsibility that extends beyond our personal interests and has the potential to create lasting positive change for generations to come.篇2As students, we are all consumers in one way or another. Whether it's buying textbooks, school supplies, food from the cafeteria, or the latest tech gadget, we interact with businesses and make purchases regularly. However, have you ever stopped to think about your rights as a consumer? Have you ever felt cheated, misled, or treated unfairly by a company? If so, you're not alone. Consumer rights violations are sadly all too common, and it's time we take a stand.The concept of consumer rights is not a new one. In fact, it was President John F. Kennedy who first outlined the basic rights that every consumer should enjoy. These rights include the right to safety, the right to be informed, the right to choose, and the right to be heard. However, despite these well-establishedprinciples, many businesses continue to prioritize profits over consumer protection.One of the most common consumer rights violations we face as students is deceptive advertising. How many times have you seen an ad for a product that promises the world, only to be disappointed by the actual product? This is a classic case of false advertising, and it's illegal. Companies cannot make claims about their products or services that are untrue or misleading.Another issue we often encounter is shoddy workmanship or defective products. Have you ever bought a piece of technology that stopped working after a few months, or a piece of clothing that fell apart after a couple of washes? In these situations, we have the right to demand a refund, replacement, or repair. Companies cannot simply sell us substandard goods and expect us to accept it.Yet another area where consumer rights are frequently violated is in the realm of privacy and data protection. As students, we use the internet and various online services constantly. However, many companies engage in shady data collection practices, selling our personal information to third parties or using it for targeted advertising without our consent.We have a right to privacy, and companies must be transparent about how they use our data.So, what can we do about these violations? The answer lies in the power of the law. Every state has consumer protection laws in place, designed to safeguard our rights and hold businesses accountable for their actions. By filing complaints with the appropriate authorities or even taking legal action, we can fight back against unfair practices and demand justice.However, it's important to note that the law is not a magic wand. It's a tool that requires knowledge, persistence, and a willingness to stand up for ourselves. We must educate ourselves on our rights as consumers and the legal processes involved in seeking redress. We must be diligent in gathering evidence and documenting any violations we encounter. And most importantly, we must be willing to take action, even if it means facing off against deep-pocketed corporations and their legal teams.But the rewards of taking up the weapon of law are worth it. By holding businesses accountable, we not only protect our own interests but also contribute to creating a fairer and more ethical marketplace for all consumers. When companies faceconsequences for their actions, they are incentivized to change their practices and prioritize consumer protection.Moreover, by exercising our consumer rights, we send a powerful message to those who would seek to exploit us. We demonstrate that we are not passive victims, but active participants in the marketplace who demand respect and fair treatment. By taking a stand, we pave the way for a future where consumer rights are not just hollow words, but a lived reality.Of course, the path to justice is rarely easy. We may face setbacks, frustrations, and even outright opposition from those who benefit from the status quo. But we must persevere, for the alternative is to accept a world where our rights are trampled upon, and our voices are silenced.So, my fellow students, I urge you to embrace the power of the law. Educate yourselves, document violations, and take action. Together, we can create a world where consumer rights are not just a lofty ideal, but a fundamental reality. By taking up the weapon of law, we can defend our rights and ensure that businesses treat us with the respect and fairness we deserve.篇3Taking Up Legal Weapons to Defend Consumer RightsAs students, we are all consumers in one way or another. Whether it's buying textbooks, clothes, food, or other goods and services, we engage in countless consumer transactions every day. However, it's important to remember that as consumers, we have rights that must be protected and upheld. Unfortunately, there are instances where these rights are violated, and it becomes necessary to take legal action to defend ourselves.In recent years, there has been an alarming rise in cases of consumer rights violations. From deceptive advertising to shoddy products, unfair pricing, and poor customer service, the list of grievances seems endless. It's disheartening to see how some businesses prioritize profits over ethical practices, disregarding the well-being of their customers.One of the most prevalent issues faced by consumers is false or misleading advertising. Companies often make exaggerated claims about their products or services, luring customers with promises that are never fulfilled. This not only violates consumer trust but also constitutes a breach of advertising laws. As consumers, we have the right to accurate and truthful information, enabling us to make informed decisions.Another area of concern is product quality and safety. Consumers should not have to worry about purchasing defectiveor dangerous products that put their health and well-being at risk. Unfortunately, there have been numerous instances where companies have knowingly sold faulty products, prioritizing cost-cutting over consumer safety. This is not only unethical but also a violation of consumer protection laws.Unfair pricing practices are another issue that plagues consumers. From hidden fees to unjustified price hikes, some businesses exploit their customers' lack of knowledge or bargaining power. As consumers, we have the right to transparent and reasonable pricing, without being subjected to deceptive or exploitative tactics.Poor customer service is yet another area where consumer rights are often violated. Businesses should treat their customers with respect, provide prompt and efficient service, and address any concerns or complaints in a timely and satisfactory manner. Sadly, many companies fall short in this regard, leaving customers frustrated and dissatisfied.In the face of these violations, it's essential that we, as consumers, take a stand and assert our rights. One of the most powerful tools at our disposal is the law. Consumer protection laws exist to safeguard our interests and hold businesses accountable for their actions. By taking legal action, we can notonly seek redress for our individual grievances but also send a strong message that such practices will not be tolerated.However, navigating the legal system can be daunting, especially for those unfamiliar with the complexities of consumer law. This is where organizations like consumer advocacy groups and legal aid clinics can prove invaluable. These entities provide guidance, support, and representation to consumers seeking to defend their rights.It's important to note that taking legal action should not be viewed as a mere reactive measure. Rather, it should be a proactive stance that encourages businesses to adopt ethical and consumer-friendly practices from the outset. By holding companies accountable and seeking legal remedies when necessary, we create an environment where consumer rights are respected and upheld.Moreover, by taking a stand and defending our rights, we contribute to a broader societal shift towards greater corporate responsibility and transparency. Businesses that prioritize ethical practices and put their customers first not only build trust and loyalty but also contribute to a healthier and more sustainable marketplace.In conclusion, as students and consumers, it is our responsibility to be aware of our rights and to take action when they are violated. By taking up legal weapons and engaging in consumer advocacy, we can hold businesses accountable, seek redress for our grievances, and foster an environment where ethical practices and consumer protection are the norm, rather than the exception. Let us embrace this responsibility and work towards creating a fair and just marketplace for all.。
反垄断法(中英文对照)
中华人民共和国反垄断法Anti-Monopoly Law of the People'sRepublic of ChinaEnglish Version 中文版发文日期：2007-08-30有效范围：全国发文机关：全国人民代表大会常务委员会文号：主席令[2007]第68号时效性：现行有效生效日期：2008-08-01所属分类：反垄断法（市场竞争法->反垄断法）Promulgation Date：08-30-2007 Effective Region：NATIONAL Promulgator： the Standing Committee of the National People's CongressDocument No：Order of the President [2007] No. 68 Effectiveness：Effective Effective Date：08-01-2008 Category：Anti－Monopoly Law （Market Competition Law->Anti－Monopoly Law）中华人民共和国反垄断法Anti-Monopoly Law of the People'sRepublic of China主席令[2007]第68号Order of the President [2007] No. 68 2007年8月30日August 30, 2007《中华人民共和国反垄断法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十九次会议于2007年8月30日通过，现予公布，自2008年8月1日起施行。
中华人民共和国主席胡锦涛The Anti-Monopoly Law of the People's Republic of China was adopted by the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007 and is hereby promulgated. It shall go into effect as of August 1, 2008.President of the People's Republic of China: Hu Jintao附件：中华人民共和国反垄断法Attachment: Anti-Monopoly Law of thePeople's Republic of China（2007年8月30日第十届全国人民代表大会常务委员会第二十九次会议通过）(Adopted by the by the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007)目录第一章总则第二章垄断协议第三章滥用市场支配地位第四章经营者集中第五章滥用行政权力排除、限制竞争第六章对涉嫌垄断行为的调查第七章法律责任第八章附则CONTENTSCHAPTER I GENERAL PROVISIONS CHAPTER II MONOPOLY AGREEMENTS CHAPTER III ABUSE OF DOMINANT MARKET POSITIONCHAPTER IV OPERATOR CONSOLIDATION CHAPTER V ABUSE OF ADMINSTATIVE AUTHORITY TO ELIMINATE OR RESTRICT COMPETITIONCHAPTER VI INVESTIGATION OF SUSPECTED MONOPOLISTIC PRACTICES CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPELENTARY PROVISIONS第一章总则CHAPTER I GENERAL PROVISIONS第一条为了预防和制止垄断行为，保护市场公平竞争，提高经济运行效率，维护消费者利益和社会公共利益，促进社会主义市场经济健康发展，制定本法。
我的梦想演讲稿成为一名律师英语作文
我的梦想演讲稿成为一名律师英语作文Ever since I was a young child, I have been fascinated by the legal system and the role of the lawyer in society. The idea of standing up for justice, advocating for the rights of others, and using the power of the law to create positive change has always resonated with me. As I have grown and matured, this initial fascination has blossomed into a deep and unwavering passion to become a lawyer myself.One of the key reasons why I am so drawn to the legal profession is the opportunity it presents to make a real difference in people's lives. Lawyers are not merely detached arbiters of the law - they are active agents of change, using their knowledge and skills to fight for the vulnerable, to defend the innocent, and to hold the powerful accountable. In a world that can often feel unjust and overwhelming, the lawyer's role as a champion of justice and a protector of rights is one that I find deeply inspiring.Moreover, the intellectual rigor and analytical thinking required to be a successful lawyer are qualities that I possess and relish. I have always been a voracious learner, constantly seeking to expand myknowledge and deepen my understanding of complex issues. The legal field, with its intricate web of statutes, precedents, and principles, presents an endless opportunity for intellectual stimulation and growth. The challenge of interpreting and applying the law to unique and often complex situations is one that I am eager to embrace.Beyond the intellectual appeal, I am also drawn to the diverse and dynamic nature of the legal profession. Lawyers have the opportunity to work in a wide range of specialties, from corporate law to criminal defense, from environmental law to civil rights. This diversity allows for the development of specialized expertise and the ability to tailor one's practice to personal interests and passions. Moreover, the legal field is constantly evolving, with new legislation, court rulings, and societal shifts constantly shaping the landscape. The need to stay informed and adaptable is a key part of what makes the legal profession so engaging and fulfilling.Perhaps most importantly, however, is my deep-seated belief in the fundamental importance of the rule of law and the vital role that lawyers play in upholding it. In a world where power can so easily be abused and the rights of the vulnerable can be trampled, the legal system serves as a critical check and balance, ensuring that no one, not even the most powerful, is above the law. As a lawyer, I would have the opportunity to be a guardian of this system, to ensure thatit functions fairly and effectively, and to use it as a tool for positive social change.It is this sense of purpose, this desire to be a force for good in the world, that truly drives my ambition to become a lawyer. I envision a career in which I can use my legal expertise to advocate for the rights of the marginalized, to hold corporations and government entities accountable for wrongdoing, and to work towards a more just and equitable society. Whether it is fighting for the rights of immigrants, defending the freedom of the press, or ensuring that the criminal justice system operates with fairness and compassion, I am excited by the prospect of being a part of the ongoing struggle for justice and human rights.Of course, I recognize that the path to becoming a lawyer is a challenging one, filled with rigorous academic demands, intense competition, and high-stakes responsibilities. But it is a challenge that I am more than willing to embrace. I have already begun laying the groundwork for my legal career, excelling in my undergraduate studies, gaining valuable experience through internships and volunteer work, and honing my critical thinking and communication skills. I am committed to the hard work and dedication required to succeed in this field, and I am confident that my passion, intellect, and drive will carry me through.Ultimately, my dream of becoming a lawyer is not just about personal ambition or professional success. It is about using my skills and knowledge to make a positive impact on the world around me. I want to be a voice for the voiceless, a champion of justice, and a guardian of the rule of law. I want to use the power of the law to create a more equitable and compassionate society, one in which the rights and dignity of all people are respected and protected.This is the vision that drives me, the dream that I am determined to turn into reality. It is a dream that is rooted in a deep respect for the law, a commitment to social justice, and a belief in the transformative power of advocacy and legal expertise. And it is a dream that I am confident I can achieve, with hard work, perseverance, and the unwavering support of those who believe in the importance of the legal profession and its role in shaping a better world.。
英语人生格言座右铭励志
英语人生格言座右铭励志英语人生格言座右铭励志篇11、人之所以能，是相信能。
Can， that the people can believe that。
2、不为失败找理由，要为成功找办法。
No excuses for failure， to find ways to success。
3、顽强毅力可以征服世界上任何一座高峰！Indomitable willpower can conquer any peak in the world！4、每天都要让自己有所收获，有所进步。
Let oneself learn every day， some progress。
5、把问题看宽广些，没有解决不了事。
Put the question to see some broad， no problem too。
6、要想成就伟业，除了梦想，必须行动。
To great causes， in addition to dream， must act。
7、坚持下去，成功就在下一个街角处等着你。
Hold on， success waiting for you at the next corner。
8、成功法则极为简单，但简单并不代表容易。
The law of success very simple， but simpledoesn't mean easy。
9、有决心，就有力量；有毅力，就会成功！Willed it； I have strength； Has the perseverance， you will succeed！10、学习不一定成功，不学习一定不能成功。
Learning not necessarily successful， not learn can't be certain of success。
11、我们唯一拥有就是今天，唯一能把握也是今天。
The only thing we have today， the only to grasp today。
the law of competition
The Law of Competition
The price which society pays for the law, like the price it pays for cheap comforts and luxuries, is great, but the advantages of this law are also greater than its cost --for it is to this law that we owe our wonderful material development, which brings improved conditions in its train.
The Law of Competition
But, whether the law be benign or not, we cannot evade it; of the effect of any new substitutes for it proposed we can not be sure; and while the law may be sometimes hard for the individual, it is best for the race, because it insures the survival of the fittest in every departtition
We accept and welcome, therefore, as conditions to which we must accommodate ourselves, great inequality of environment; the concentration of business, industrial and commercial, in the hands of a few; and the law of competition between these, as being not only beneficial, but essential to the future progress of the race.
反不正当竞争法一般条款与类型化条款的适用关系
Open Journal of Legal Science 法学, 2023, 11(5), 3823-3829 Published Online September 2023 in Hans. https:///journal/ojls https:///10.12677/ojls.2023.115544反不正当竞争法一般条款与类型化条款的适用关系——从市场混淆行为切入金钟仪浙江理工大学法政学院，史量才新闻与传播学院，浙江 杭州收稿日期：2023年6月30日；录用日期：2023年7月12日；发布日期：2023年9月6日摘 要一般条款与反不正当竞争法类型化条款并行适用屡见不鲜，业已成为“向一般条款逃逸”的重要表现之一。
在认定市场混淆行为的司法实践中，对一般条款与类型化条款能否并行适用、如何衔接适用的观点大相径庭。
由于未厘清二者的适用关系，不少法院甚至在已适用类型化条款的情况下，仍不加说明地在裁判依据中附上一般条款。
文章认为一般条款与类型化条款缺乏并行适用的规范基础，法律适用中应遵循特别规定优先于一般规定规则，否则将破坏规范体系的稳定性。
在一般条款与类型化条款衔接适用方面，以法益作为判断核心有助于将假性“新型不正当竞争”纳入已有的类型化条款的规制范畴，明晰反不正当竞争法第二章各条款的管辖范围。
关键词一般条款，类型化条款，并行适用，市场混淆行为The Applicable Relationship between the General Provisions and the Typed Provisions of the Anti-Unfair Competition Law—From the Perspective of Market Confusion BehaviorZhongyi JinSchool of Law and Politics, Shiliangcai School of Journalism and Communications, Zhejiang Sci-Tech University, Hangzhou Zhejiang金钟仪Received: Jun. 30th , 2023; accepted: Jul. 12th , 2023; published: Sep. 6th , 2023Abstract It is common for the general provisions of the anti-unfair competition law to be applied in parallel with the typed provisions, which has become one of the important manifestations of “escaping to the general provisions”. In the judicial practice of identifying market confusion behavior, there are widely divergent views on whether the general provisions and the typed provisions can be applied in parallel and how to connect with each other. Due to the failure to clarify the applicable rela-tionship between the above provisions, many courts still attach general provisions to the basis of the judgment without explanation, even in the case where the typed provisions have been applied. The article holds that there is no normative basis for the parallel application of general provisions and typed provisions, and the application of law should follow the priority of special provisions over general rules, otherwise the stability of the normative system will be undermined. Taking legal interests as the key to connect the general provisions with the typed provisions is helpful to include the false “new unfair competition” into the scope of the existing typed provisions, and cla-rify the jurisdiction of the provisions in Chapter 2 of the Anti-Unfair Competition Law. KeywordsGeneral Provisions, Typed Provisions, Parallel Application, Market Confusion BehaviorCopyright © 2023 by author(s) and Hans Publishers Inc. This work is licensed under the Creative Commons Attribution International License (CC BY 4.0). /licenses/by/4.0/1. 引言反不正当竞争法一般条款1存在扩张适用的现象是学界和实务界公认的事实，许多学者通过实证研究说明了该现象的存在2。
法律在社会生活中的作用英语作文
法律在社会生活中的作用英语作文全文共3篇示例，供读者参考篇1The Role of Law in Social LifeLaws are the foundation upon which a well-functioning society is built. They serve as a set of rules and regulations that govern human behavior, ensuring order, justice, and the protection of individual rights. From the moment we wake up until we go to bed, the influence of law permeates every aspect of our lives, shaping the way we interact with others and the world around us.One of the primary roles of law in social life is to maintain order and stability. Without a legal framework in place, society would descend into chaos, with individuals acting solely in their own self-interest, disregarding the well-being of others. Laws establish boundaries and set expectations for acceptable behavior, deterring actions that could harm others or disrupt the peace. Traffic laws, for instance, ensure that vehicles operate in an orderly and predictable manner, reducing the risk of accidents and promoting safety on the roads.Beyond maintaining order, laws also serve to protect individual rights and freedoms. In a democratic society, citizens are granted fundamental rights, such as freedom of speech, freedom of religion, and the right to due process. Laws enshrine these rights, ensuring that they are upheld and safeguarded against infringement. Without legal protections, these liberties could be easily violated, leading to oppression and the erosion of civil liberties.Moreover, laws play a crucial role in promoting social justice and equality. Historically, laws have been instrumental in addressing discrimination and ensuring equal opportunities for all members of society, regardless of race, gender, or socioeconomic status. Anti-discrimination laws, for instance, prohibit unfair treatment in areas such as employment, housing, and education, creating a more level playing field and fostering a more inclusive society.In the realm of economic activity, laws are essential for regulating businesses, protecting consumers, and fostering a fair and competitive marketplace. Consumer protection laws, for example, safeguard individuals from deceptive or harmful business practices, ensuring that products and services meet certain standards of quality and safety. Antitrust laws, on theother hand, prevent monopolistic practices and promote competition, ultimately benefiting consumers through lower prices and greater innovation.Laws also play a vital role in protecting the environment and promoting sustainable practices. Environmental regulations aim to mitigate the negative impact of human activities on the natural world, addressing issues such as pollution, deforestation, and the depletion of natural resources. By establishing guidelines and penalties for environmental violations, these laws encourage businesses and individuals to adopt moreeco-friendly practices, thereby contributing to the long-term preservation of our planet.Furthermore, laws facilitate the resolution of disputes and conflicts that inevitably arise in any society. The judicial system, governed by a comprehensive legal framework, provides mechanisms for resolving disagreements in a fair and impartial manner. Through civil and criminal proceedings, laws ensure that justice is served, and that those who violate the rights of others are held accountable for their actions.While the primary function of laws is to regulate human behavior and interactions, they also serve an educational and preventative role. By clearly defining what is acceptable and whatis not, laws raise awareness and promote ethical conduct. For instance, laws prohibiting discrimination not only punish discriminatory acts but also educate individuals about the importance of respecting diversity and fostering inclusivity.It is important to acknowledge, however, that laws are not static and unchanging. As society evolves and new challenges emerge, laws must adapt to reflect changing societal values, norms, and technological advancements. Laws are constantly being revised, amended, or introduced to address emerging issues, such as cybercrime, privacy concerns, and the regulation of emerging technologies like artificial intelligence and genetic engineering.Despite their importance, laws are not perfect, and their enforcement and interpretation can sometimes be subject to human biases and flaws. It is essential to have robust systems of checks and balances, as well as an independent judiciary, to ensure that laws are applied fairly and impartially, without discrimination or undue influence.In conclusion, the role of law in social life is multifaceted and far-reaching. Laws serve as the bedrock of a well-functioning society, providing order, protecting individual rights, promoting social justice, regulating economic activities, safeguarding theenvironment, and facilitating the resolution of disputes. While not infallible, laws are essential for maintaining a stable, fair, and just society, and their continuous evolution is necessary to address the ever-changing dynamics of the world we live in.篇2The Role of Law in SocietyLaws are an integral part of every society, serving as the backbone that governs and regulates human behavior, interactions, and institutions. As students, we may often view laws as restrictive rules imposed upon us, but upon closer examination, we can appreciate the profound impact they have on maintaining order, protecting rights, and facilitating progress within our communities.Firstly, laws play a crucial role in establishing and preserving social order. Without a well-defined legal framework, chaos and anarchy would prevail, leading to a breakdown of societal structures. Laws act as a set of guidelines that define acceptable behavior, outline consequences for violations, and provide a mechanism for resolving conflicts. By adhering to these established rules, individuals can coexist peacefully, respecting one another's rights and responsibilities.One of the fundamental purposes of law is to safeguard the rights and freedoms of individuals within a society. Laws enshrine fundamental human rights, such as the right to life, liberty, and the pursuit of happiness, ensuring that these inherent entitlements are protected and upheld. Additionally, laws aim to prevent discrimination and promote equality, creating a level playing field for all members of society, regardless of their race, gender, religion, or socioeconomic status.Furthermore, laws play a vital role in regulating economic activities and fostering a stable business environment. Commercial laws govern contracts, property rights, taxation, and intellectual property, providing a framework for fair and ethical business practices. This legal certainty encourages entrepreneurship, innovation, and investment, ultimately contributing to economic growth and development.In the realm of criminal justice, laws serve as a deterrent against criminal activities and ensure that those who violate societal norms are held accountable for their actions. The existence of a well-defined criminal justice system, with clear laws and appropriate penalties, discourages individuals fromengaging in harmful or illegal behaviors, thereby promoting public safety and social stability.Beyond establishing order and protecting rights, laws also facilitate societal progress and adaptation to changing circumstances. As societies evolve and face new challenges, laws can be amended or introduced to address emerging issues. For instance, laws related to environmental protection, consumer rights, and technological advancements are continuously updated to keep pace with the ever-changing world around us.However, it is essential to acknowledge that laws are not static or infallible. They are subject to continuous evaluation, debate, and reform to ensure they remain relevant, just, and aligned with the values and needs of society. The process of lawmaking and interpretation is an ongoing dialogue between lawmakers, legal experts, and the general public, allowing for the growth and refinement of the legal system over time.As students, we have a unique opportunity to engage with the concept of law from multiple perspectives. In our studies, we may analyze the historical origins and philosophical underpinnings of laws, examine case studies that highlight their practical applications, or delve into the intricacies of legal reasoning and interpretation.Moreover, by actively participating in discussions and debates surrounding legal issues, we can develop critical thinking skills, hone our persuasive abilities, and gain a deeper understanding of the intricate interplay between law and society.In conclusion, the role of law in society is multifaceted and indispensable. Laws serve as the foundation for maintaining social order, protecting individual rights, fostering economic development, and promoting justice and accountability. While laws may sometimes be perceived as restrictive, they ultimately contribute to the greater good of society by providing a framework for peaceful coexistence, progress, and the protection of fundamental human values. As future leaders and citizens, it is our responsibility to engage with the legal system, understand its complexities, and strive to uphold the principles of justice, equality, and the rule of law.篇3The Role of Law in SocietyLaws are an integral part of any civilized society. They serve as the foundation that upholds social order, protects individual rights, and ensures a fair and just system for all citizens. As a student, I have come to appreciate the significance of law inregulating various aspects of our daily lives, from the way we interact with one another to the manner in which businesses operate and governments function.At its core, the primary function of law is to maintain order and stability within a society. Without a comprehensive legal framework, chaos would ensue, and the strong would oppress the weak. Laws establish clear boundaries and guidelines for acceptable behavior, deterring individuals from engaging in activities that could harm others or disrupt the peace. By defining what constitutes a crime and outlining the corresponding penalties, the law serves as a deterrent, discouraging people from engaging in unlawful acts that could jeopardize the well-being of the community.Moreover, laws play a crucial role in protecting the fundamental rights and liberties of individuals. The concepts of freedom of speech, freedom of religion, and the right to due process are all enshrined in legal statutes, safeguarding citizens from arbitrary government action or infringement upon their civil liberties. These laws ensure that every individual is treated equally before the law, regardless of their race, gender, or socioeconomic status, fostering a sense of fairness and justice within society.Another vital aspect of law is its ability to regulate economic activities and facilitate commerce. Contract law, for instance, provides a framework for parties to enter into legally binding agreements, ensuring that obligations are met and disputes are resolved in a fair and transparent manner. Property laws protect the rights of individuals and businesses to own and transfer assets, promoting economic growth and investment. Without such legal protections, the free market would be subject to chaos and uncertainty, hindering economic progress.Furthermore, laws play a significant role in shaping societal values and promoting ethical behavior. Environmental laws, for instance, aim to protect our planet's natural resources and promote sustainability, reflecting society's concern for thewell-being of future generations. Labor laws safeguard the rights of workers, ensuring fair wages, safe working conditions, and protection from exploitation. These laws not only regulate specific activities but also reflect the moral and ethical principles that a society holds dear.Despite the numerous benefits of law, it is crucial to acknowledge that the legal system is not without its flaws. Laws can sometimes be outdated, failing to keep pace with the rapidly changing societal norms and technological advancements.Additionally, the interpretation and application of laws can be subject to bias or influence, leading to inconsistencies and injustices. It is, therefore, essential for the legal system to remain dynamic and adaptive, continually evolving to address emerging challenges and ensure that justice is served impartially.As a student, I have had the opportunity to study various aspects of law, from constitutional principles to criminal law and civil procedures. This exposure has deepened my understanding of the vital role that law plays in shaping our society and ensuring that it functions effectively. I have come to appreciate the intricate balance that must be struck between individual freedoms and the collective well-being of society, and the delicate interplay between laws and societal values.In conclusion, the role of law in society cannot be overstated. It serves as the foundation upon which our civilization is built, providing a framework for order, justice, and economic prosperity. While the legal system is not perfect, it remains an essential component of a well-functioning society, constantly evolving to meet the changing needs and aspirations of its citizens. As a student, I am committed to studying and understanding the complexities of law, for it is through thisknowledge that we can work towards creating a more just, equitable, and harmonious society for all.。
Competition Law
The focus here is- (Aricle 101) bad practice of companies or undertakings agreeing or colluding with others to distort the market- (Article 102) abusing their dominant market position- mergers and acquisitions and enforcement of the rulesArticle 101Key Legislation:- Article 101, TFEU- Regulations 1/2003 and 330/2010- Note that ‘soft law’ the Notice on Agreements of Minor Importance [2001] OJ c368/113 is also of significance here.Key Cases :- Undertakings –Motosykletistiki Omospondia Ellados NPID v Elliniko Domosio - Concerted Practises - ICI v Commission (Dyestuffs)C v Anic Partecipazioni SpAAhlstrom Oy v Commission (Wood Pulp Cartel ) - Effect on Trade - Société Technique Minière v Maschinenbau (the STM’ ca se) - De Minimis - Völk v Vervaecke- ‘rule of reason’ - STM (see above)Pronuptia de Paris GmbH v Pronuptia de Paris - A successful block exemption application - Transocean Marine Paint Association v Commission (Case 17/74) [1974] ECR 1063- Punishment - Elevators and Escalators Cartel (see Commission Press Release Memo /11/505)Key Points.Anti competitive collusion1 is caught by Article 101.Exception:- If an agreement between undertakings can be shown to possess enough pro competitive elements to fall under either the A101(3) exemptions or the muchdebated concept of ‘Rule of Reason’ it may escape.So A101 falls into three parts:1. The prohibition of anti competitive agreements2. factors to make such agreements void3. grant of exemptions to agreementsThe case law interpreting Article 101 has established the major elements to make an Article 101 offence:- A relevant undertaking- takes part in a concerted2 practice- The object or effect of such practice is the distortion of inter-state trade.- The practice has an actual effect on such trade.- within the practice, a lack of sufficiently pro competitive effect to provide a defence Article 102Key Legislation:- Article 102- Regulation 1/2003- Note the ‘soft law’ the Notice on Definition of the Relevant Market for the Purposes of Community Competition Law [1997] OJ 372/5 is also of significance here1共谋Key Cases On :- RPM: United Brands Co v CommissionHilti AG v CommissionNederlandsche Banden – Industrie Michelin NV v Commission- Interchangeability of demand United Brands- of supply Europemballage Corporation and Continental Can Company Inc v Commission- RGM: United Brands,B&I Line plc v Sealink Harbours Ltd and Sealink Stena- RTM: Continental Can- Dominance3United Brands, Hoffmann-LaRoche & Co v Commission- Joint Dominance: Societa Italiana Vetro v Commission (the ‘Italian Flat Glass’ case)- Abuse United Brands,Microsoft v CommissionHilti AG v CommissionIntel Corporation- Affecting trade between member states Akzo Chemie BV v CommissionUnited Brands- Punishment , Microsoft.Key Points.Article 102 prevents abuse of a dominant position by an undertaking.- The essential point to note about this article is that it does not intend to prevent dominance per se (a company has been more efficient than most of its competitors).- The offence is the abuse of this dominant position that affects interstate trade. – the joint dominance provided by a cartel – breaching both Articles 101 and 102.- The key elements to establish a breach of Article 102：1） Foundation element – existence of market dominance; and2） Crucial element – the abuse of such dominance.- To establish dominance:1) the Commission must define the relevant market concerned2) In order to do so, it breaks this market down into Relevant Product Market, RelevantGeographical Market and occasionally Relevant Temporal Market. –Be aware of theprinciples employed by the Commission to establish these concepts.➢RPM: Substitutability (on both supply and demand side) – the use of SSNIP test have been imported from US anti-trust law.To make out market dominance. – Note: ‘dominance’ is on e key area of the law that the Treaty need the Court to do supplement (see United Brands)- The essential defining characteristic of ABUSE- in some way adversely4 affects market mechanisms and creates an inefficient, limited market to the disadvantage of bothconsumers and the EU as a whole.Enforcement and MergersKey Legislation:- Articles 101, 102 and 105- Regulation 139/2004- Regulation 773/2994- Note ‘soft law’ the Commission Notices on the Concept of Concentration 1998 and full function joint ventures [1998] OJ 4064/89 possess significance here.Key Cases On :- Legitimate interest: Hoffmann-LaRoche & Co v CommissionBPB Industries and British Gypsum v Commission- Using Article 101 to control mergers: Europemballage Corporation and Continental Can Company v Commission3优势- Using Article 102 to control mergers: British American Tobacco and RJ Reynolds v Commission- Using Regulation 139/2004 to control mergers:Collective dominance: Airtours v CommmisionBlocking a merger: France v CommissionSubjecting a merger to conditions: Case iv/M190 Re the Concentration between Nestle SA and Source Perrier SAKey Points.Mergers often result in:- Conflicts:➢The strengthening of the world market position of the merged companies along with increased efficiency derived5 from the increased economies of scale; vs ➢ A reduction in competition.- It is the Commission’s role to b alance these conflicts and stop a merger which would significantly impede6 effective competition in the Common Market or a substantial part of it.- Solutions:1) allowing a merger; or2) blocking it altogether; or3) subjecting it to conditions.Originally the Commission use Articles 101 and 102 – very blunt tools.Regulation 139/2004 provided more specific powers addressed directly at mergers and enabling a more accurate control of each situation:- C ompulsory notification of ‘concentrations’ of undertakings which possess a Community element is required.- To acquire a Community element a ‘concentration’ (change of control on a lasting basis) must be of a particular economic size.- Such concentrations are divided into mergers, acquisitions and straight forward joint ventures. 7➢mergers and acquisitions fall under the Regulation;➢ A joint venture fall under Article 101 where the cooperation effects no lasting change in the companies’ status. – Exception: if the joint venture were to create an‘autonomous8economic entity’ then it would of course fall under the Regulation.Note that the requirement that a merger ‘significantly impede competition’ does not require dominance (individual or collective) to be established by the Commission. Even if it were to create dominance the merger only becomes a problem when competition is impeded.Note that following Airtours the definition of dominance differs from that applicable under Article 102.5衍生，派生6阻碍7 Merger: 兼并，被兼并公司失去法人地位；Acquisition: 购并，一公司以收购股份方式接管另一公司，其结果为两个法人实体地位在交易之后仍可同时存在（大公司对小公司，大公司之间的是consolidation: 合并，参与合并的原所有公司们均解散）；Merger + Acquisition=MA: 并购；joint ventures: 合营，两人以上通过明示或默示合同而组成联合，意图实施某一特定的商业投资而共同获利，并为此将其事物、金钱、技术、讯息等进行组合，联合体成员间享有平等的控制权。
市场监管岗位职责
市场监管岗位职责市场监管是现代经济体系中不可或缺的一环，扮演着保障市场公平竞争、维护消费者权益以及促进经济发展的重要角色。
市场监管岗位的工作职责十分广泛，既需要专业的知识背景，也需要具备高度的责任心和执法能力。
本文将深入探讨市场监管岗位的职责范围，并重点介绍其执法工作、业务监管和消费者教育等方面。
【执法工作】市场监管岗位最重要的职责之一就是执法工作。
市场监管部门需要制定并执行相关的法律法规，以保障市场秩序的正常运行。
市场监管人员必须具备较高的法律素养和执法能力，负责监督市场主体的行为是否合规，是否存在虚假宣传、价格欺诈、不正当竞争等违法行为。
对于违法违规行为，市场监管岗位负有查处和处理的责任，通过强制措施和处罚等手段维护市场的公平竞争环境。
【业务监管】市场监管岗位还需要进行业务监管，以确保经营者按照规定开展业务活动。
他们需要对企业的生产、产品质量、服务标准等进行监督检查，并核实企业是否符合法律法规的要求。
市场监管人员会对特定行业或特定产品进行重点监管，以确保市场上的产品和服务的质量和安全可靠。
在食品安全、药品监管、产品质量等方面，市场监管岗位职责尤为突出。
【消费者教育】市场监管岗位的职责还包括消费者教育。
他们需要向消费者提供相关的法律法规知识和消费维权指导，帮助消费者增强自我保护意识和法律意识。
市场监管人员会积极参与宣传教育活动，组织开展消费者权益保护知识培训、讲座和宣传活动，提高消费者对市场监管工作的认知度和支持度。
【总结】市场监管岗位职责繁重而复杂，需要人员具备专业素养和执法能力。
执法工作、业务监管和消费者教育是其中重要的方面。
通过执法工作，市场监管岗位维护市场秩序，净化市场环境；通过业务监管，他们确保经营者合规运营，产品质量安全可靠；通过消费者教育，提高消费者的法律意识和维权能力。
市场监管岗位的职责是推动经济发展和保障消费者权益的重要一环，为建设和谐社会做出了积极贡献。
【参考词汇】1. 市场监管市场 supervision2. 公平竞争 fair competition3. 维护消费者权益 protect consumer rights and interests4. 执法能力 law enforcement ability5. 违法违规行为 illegal and irregular acts6. 业务监管 business regulation7. 产品质量 product quality8. 消费者维权 consumer rights protection9. 支持度 support【参考翻译】Market Supervision Job ResponsibilitiesMarket supervision plays an indispensable role in the modern economic system, safeguarding fair competition in the market, protecting consumer rights, and promoting economic development. The job responsibilities of market supervision positions are extensive, requiring both professional knowledge and a high sense of responsibility and law enforcement ability. This article will delve into the scope of job responsibilities in market supervision, with a focus on law enforcement, business regulation, and consumer education.【Law Enforcement】One of the most important responsibilities of market supervision positions is law enforcement. Market supervision authorities need to develop and enforce relevant laws and regulations to ensure the normal operation of the market order. Market supervision personnel must possess a high level of legal literacy and law enforcement ability, responsible for supervising whether market entities comply with regulations, whether there are false advertising, price fraud, unfair competition, and other illegal activities. In the case of illegal or irregular acts, market supervision positions are responsible for investigation and handling, using measures such as compulsory measures and penalties to maintain a fair competition environment in the market.【Business Regulation】Market supervision positions also involve business regulation to ensure that operators conduct business activities in accordance with regulations. They need to supervise and inspect companies' production, product quality, service standards, etc., and verify whether companies comply with legal requirements. Market supervision personnel will prioritize monitoring specific industries or specific products to ensure the quality and safety of products and services in the market. In areas such as food safety, drug regulation, and product quality, market supervision responsibilities are particularly prominent.【Consumer Education】The responsibilities of market supervision positions also include consumer education. They need to provide consumers with knowledge of relevant laws and regulations and guidance on consumer rights protection, helping consumers enhance self-protection awareness and legal consciousness. Market supervision personnel actively participate in publicity and educational activities, organizing consumer rights protection knowledge training, lectures, and promotional events to increase consumer awareness and support for market supervision work.【Conclusion】The job responsibilities of market supervision positions are demanding and complex, requiring personnel to possess professional knowledge and law enforcement abilities. Law enforcement, business regulation, and consumer education are important aspects of the work. Through lawenforcement, market supervision positions maintain market order and purify the market environment. Through business regulation, they ensure that operators comply with regulations and provide products of reliable quality and safety. Through consumer education, consumer legal awareness and protection capabilities are enhanced. The job responsibilities of market supervision positions play a crucial role in promoting economic development and safeguarding consumer rights, contributing to the construction of a harmonious society.【References】1. 市场监管市场(shì chǎng jiān guǎn shì chǎng) - Market Supervision2. 公平竞争(gōng píng jìng zhēng) - Fair Competition3. 维护消费者权益(wéi hù xiāo fèi zhě quán yì) - Protect Consumer Rights and Interests4. 执法能力(zhí fǎ néng lì) - Law Enforcement Ability5. 违法违规行为(wéi fǎ wéi guī xíng wéi) - Illegal and Irregular Acts6. 业务监管(yè wù jiān guǎn) - Business Regulation7. 产品质量(chǎn pǐn zhì liàng) - Product Quality8. 消费者维权(xiāo fèi zhě wéi quán) - Consumer Rights Protection9. 支持度(zhī chí dù) - Support。
英语国家概况名词解释系列
英语国家概况名词解释系列（1）The Puritans 清教徒----The Puritans were wealthy, well-educated gentlemen. They wanted to purify the church of England and threatened with religious persecution, the Puritans leaders saw the New world as the a refuge provided by God for those He meant to save.（2）The Bill of Rights（America）权利法案----In 1789, James Madison introduced in the House of Representatives a series of amendments which later were drafted into twelve proposed amendments and sent to the states for ratification. Ten of them were ratified in 1791 and the first ten amendments to the constitution were called the Bills of Rights because they were to insure individual liberties.the Bill of Rights (Britain)In 1689, William and Mary accepted the Bill of Rights to be crowned jointly. The bill excluded any Roman Catholic from the succession, confirmed the principle of parliamentary supremacy and guaranteed free speech within both the two Houses. Thus the age of constitutional monarchy began.The Emancipation Proclamation 解放黑奴宣言----After the Civil war began, Lincoln issued the Emancipation Proclamation to win more support at home and abroad. It granted freedom to all slaves in areas still controlled by the Confederacy.（3）Pilgrims Thanksgiving Day 感恩节----The Pilgrims in 1620, 201 of them sailed to the New World in a ship called Mayflower. The first winter after their arrival was very cold and when spring came, half of them were dead. Then the Indians came to their help and taught them how to grow corn. They had a good harvest that year. So they invited the Indians and held the first Thanksgiving celebration in America to give thanks to God.The Chunnel 英吉利海峡隧道----In 1985 the British government and French government decided to build a channel tunnel, which is called “Chunnel”, under the Straits of Dover so that England and France could be joined together by road. The Chunnel was open to traffic in May 1994.（4）Eisteddfod (一年一度的) 威尔士诗人、音乐家大会 ---Eisteddfod is the Welsh word for “sitting” National Eidteddfod is the most famous festival of music and verse in Wales. It takes place each August and lasts for about a week. The highlight of the festival is competition for the best epic poem about Wales written and read in Welsh. The winner is crowned Board, considered the supreme honour in Wales. In this way the Welsh people keep the Welsh language and culture alive.Cockney 伦敦佬----A cockney is a Londoner who is born within the sound of Bow Bells-the Bells of the church of St. Mary-LeBow in east London.（5）Stonehenge巨石阵----It is a group of huge monuments of grant rock Slabs on salisbury plain in southwest England built as long ago as the New Stone Age. It is generally believed that stonehenge served some sort of religious purposes.The Celts 凯尔特人----The Celts came to Britain in three main waves. The first wave were the Gales, the second wave were the Brythons and the Belgae came about 150BC. The Celts were practised farmers. The Celtic tribes are ancestors of the Highland Scots, the Irish and the Welsh, And their languages are the basis of both Welsh and Gaelic. They religion was Druidism.（6）Norman Conquest 诺曼征服---The Norman Conquest of 1066 is perhaps the best-known event in English history. William the conqueror confiscated almost all the land and gave it to hisNorman followers.He replaced the weak Saxon rule with a strong Norman government. So the feudal system was completely established in England.William the ConquerorWilliam was Duke of Normandy. He landed his army in Oct, 1066 and defeated king Harold. Then he was crowned king of England on Christams Day the same year. He established a strong Norman government and the feudal system in England.Alfred the Great 阿尔弗雷德大帝----He was king of Wessex, one of the seven Anglo-Saxon Kingdoms. It was he who led the Anglo-Saxon to flight against the invading Danes and maintained peace for a long time. Alfred was not only a brave king at wartime, but also a wise king at peacetime. He encouragededucation and introduced a legal system. He is known as “the father of the British navy”.（7）St. Augustine 奥古斯丁----In 597,Pope Gregory I sent St. Augustine, the Prior of St. Andrew’s Monastery in Rome, to England to convert the heathe n English to Christianity. That year, St. Augustine became the first Archbishop of Canterbury. Augustine was remarkably successful in converting the king and the nobility, but the conversion of the common people was largely due to the missionary activities of the monks in the north.Domesday Book 末日审判书----It is a book compiled by a group of clerks under the sponsorship of King William the First in 1086. The book was in fact a property record. It was the result of a general survey of England. It recorded the extent, value, state of cultivation, and ownership of the land. It was one of the important measures adopted by William I to establish the full feudal system in England. Today, it is kept in the Public Records Office in London.（8）Geoffrey Chaucer 乔叟----He was an important English poet in the fourteenth century. His best known is The Canterbury Tales, which describes a group of pilgrims travelling to Canterbury to visit Thomas Becket's tomb. Because he was the first important English poet to write in English. He has been known as the “Father of English Poetry”.The Black Death 黑死病----It is a modern name given to the dearly bubonic plague, an epidemic disease spread through Europe in the fourteenth century particularly in 1348-1349. It came without warning, and without any cue. In England, it killed almost half of the total population, causing farreaching economic consequences.（9）the battle of Hastings哈斯汀战役In 1066, King Edward died with no heir, the Witan chose Harold as king. William, Duke of Normandy, invaded England. On October 14, the two armies met near Hasting. After a day’s battle, Harold was killed and his army completely defeated. So this battle was very important on the way of the Roman conquest.the Great Charter大宪章King John’s reign caused much discontent among the barons. In 1215, he was forced to sign a document, known as Mangna Cara, or the Great Charter. It has 63 clauses. Though it has long been regarded as the foundation of English liberities, its spirit was the limitation of the king's powers, keeping them within the bounds of the feudal law of the land.The Wars of Roses 玫瑰战争----the name Wars of the Roses was refer to the battles between the House of Lancaster, symbolized by the read rose, and that of York, symbolized by the white, from 1455 to 1485. Henry Tudor, descendant of Duke of Lancaster won victory at Bosworth Fireld in 1485 and put ht country under the rule of the Tudors. From these Wars, English feudalism received its death blow. The great medieval nobility was much weakened.The Glorious Revolution of 1688 光荣革命---- In 1685 Charles II died and was succeeded by his brother James II. James was brought up in exile in Europe, was a Catholic. He hoped to rule without giving up his personal religious vies. But England was no more tolerant of a Catholic king in 1688 than 40 years ago. So the English politicians rejected James II, and appealed to a Protestant king, William of Orange, to invade and take the English throne. William landed in England in 1688. The takeover was relatively smooth, with no bloodshed, nor any execution of the king. This was known as the Glorious Revolution.（10）The Gunpowder Plot of 1605 火药阴谋案----The Gunpowder Plot of 1605 was the most famous of the Catholic conspiracies. On Nov. 5,1605, a few fanatical Catholics attempted to blow King James and his ministers up in the House of Parliament where Guy Fawkes had planted barrels of gunpowder in the cellars. The immediate result was the execution of Fawkes and his ellowconspirators and imposition of severe anti-Catholic laws. The long-term result has been an annual celebration on Nov. 5, when a bonfire is lit to turn a guy and a firework display is arranged. Blood Mary 血腥玛丽----It is the nickname given to Mary I, the English Queen who succeeded to the throne after Henry VIII. She was a devout Catholic and had so many Protestants burnt to death that she is remembered less by her official title Mary I by her nickname Blood Mary. （11）Thatcherism 撒切尔主义----The election of 1979 returned the Conservative Party to power and Margaret Thatcher became the first woman prime minister in Britain. Her policies are popularly referred to as state-owned industries, the use of monetarist policies to control inflation, the weaking of trade forces unions, the strengthening of the role of market forces in the economy, and an emphasis on law and order. the British ConstitutionThere is no written constitution in the United Kingdom. The British Constitution is not set out in any single document, but made up of statute law, common law and conventions. The Judiciary determines common law and interpret statuesThe Trade Union Act of 1871 工会法----It legalized the trade unions and give financial security. It meant that in law there was no difference between money for benefic purposes and collecting it to support strike action.（12）Agribusiness 农业产业----It refers to the new farming in Britain, because it is equipped and managed like an industrial business with a set of inputs into the processes which occur on the farm and outputs or products which leave the farm. The emphasis is upon intensive farming, designes to give the maximum output of crops and animals.British disease 英国病----The term “British disease” is now often used to characterize Britain’s economic decline.（13）Constitutional monarchy 君主立宪制----It is a political system that has been practised in Britain since the Glorious revolution of 1688. According to this system, the Constitution is superior to the Monarch. In law, the Monarch has many supreme powers, but in practice, the real power of monarchy has been greatly reduced and today the Queen acts solely on the advice of her ministers. She reigns but does not rule. The real power lies in the Parliament, or to be exact, in the House of Commons.Privy Council 枢密院----A consultative body of the British monarch. Its origin can be traced back to the times of the Norman Kings. After the Glorious Revolution of 1688, its importance was gradually diminished and replaced by the Cabinet. Today, it is still a consultation body of the British monarch, Its membership is about 400, and includes al Cabinet ministers, the speaker of the House of Commons, the Archbishops of Canterbury and York, and senior British andCommonwealth statesmen.Whigs and Tories辉格党和托利党It referred to the two party names which originated with the Glorious Revolution of 1688. The Whigs were those who opposed absolute monarchy and supported the right to religious freedom for Noncomformists. The Tories were those who supported hereditary monarchy and were reluctant to remove kings. The Whigs formed a coalition with dissident Tories and became the Liberal Party. The Tories were the forerunners of the Conservative Party（14）The National Health Service 国民保健署. ----It is a very important part of the welfare system in Britain. It is a nationwide organization based on Acts of Parliament. It provides all kinds of free or nearly free medical treatment both in hospital and outside. It is financed mainly by payments by the state out of general taxation. People are not obliged to use this service. The service is achieving its main objectives with outstanding success.Comprehensive schools 综合学校----Comprehensives schools take pupils without reference to ability or aptitude and provide a wide-ranging secondary education for all or most of the children in a district.（15）Reuters 路透社----It was founded in 1851 by the German, Julius Reuter. It is now a publicly owned company, employing over 11000 staff in 80 countries. It has more than 1300 staff journalists and photographers.The Crown Court 巡回刑事法庭----A criminal court that deals with the more serious cases and holds sessions in towns throughout England and Wales. It is presided over either by a judge from the High Court of Justice or a local full-time judge.（16）The Great lakes 北美五大湖----The Great Lakes are the five lakes in the northeast. They are Lake Superior which is the largest fresh water lake in the world, Lake Michigan (the only one entirely in the U.S.), Lake Huron, Lake Eire and Lake Ontario. They are all located between Canada and the United States expect Lake Michigan.The Mississippi 密西西比河----The Mississippi has been called “father of waters “or” old man river”. It and its tributaries drain one of the richest farm areas in the world. It is the fourth longest river in the world and the most important river in the United States.（17）Uncle Tom’s Cabin 汤姆叔叔的小屋----It was a sentimental but powerful antislavery novel written by Harriet Beecher Stowe. It converted many readers to the abolitionist cause. Gettysburg 葛底斯堡演说----It refer to the short speech President Lincoln made when he dedicated the national cemetery at Gettyburg. He ended the speech with “the government of the people, by the people, for the people, shall not perish from the earth”.（18）The Red Scare红色恐惧----When the WWI was over, there existed a highly aggressive and intolerant nationalism. Between 1919 and 1920, the Red Scare happened. On Nov.7,1919 and Jan.2,1920, the Justice Department launched two waves of mass arrests. Over 4000 suspected Communists and radical were arrested.The New Deal新政---In order to deal with the Depression, President Franklin Roosevelt put forward the New Deal program. It passed a lot of New Deal laws and set up many efficient social security systems. The New Deal helped to save American democracy and the development of American economy.（19）Truman Doctrine 杜鲁门主义----On Mar.12, 1949, President Truman put forward the Truman Doctrine in his speech to the joint session of Congress. The Doctrine meant to support any country which said it was fighting communism.Marshall Plan 马歇尔计划----It was announced by George Marshall on June.5, 1947, and was the economic aid plan for Western Europe. It was also used to prevent the loss of Western Europe into the Soviet sphere.（20）London smog 伦敦烟雾----In 195, the sulphur dioxide in the four-day London smog, an unhealthy atmosphere formed by mixing smoke and dirt with fog. It left 4000 people dead or dying. Since then most cities in Britain have introduced “clean air zones” whereby factories and households are only allowed to burn smokeless fuel.Family Docto 家庭医生----In order to obtain the benefits of the NHS a person must normally be registered on the list of a general practitioner, sometimes known as a “family doctor”. The family doctor give s treatment or prescribes medicine, or, if necessary, arranges for the patient to go to hospital or to be seen at home by a specialist.（21）Marvellous Melbourne了不起的墨尔本----After the gold rush in 1850s and 1860s, there was an important revolution in transport, especially with the network of tram and railway systems. This changed the pace of urban life and the appearance of the city and soon people were calling the city “Marvellous Melbourne”. But by the 1890s outsiders were calling the city “Marvellous Melbourne” because of t he bad smell of the city.Waitangi Day怀唐伊日----In 1840 the first official governor, William Hobson, was sent to negotiate with Maori leaders. In 1840 Hobson, representing Queen Victoria, and some Maori chiefs, signed the Treaty of Waitangi. Modern New Zealand was founded. The anniversary of the signing, February 6, is celebrated as New Zealand National Day, Waitangi Day, and is a national holiday.（22）Multiculturalism 多元文化主义----The term multiculturalism was coined in Canada in the late 1960s. It was in official use in Australia by 1973. In other words, under multiculturalism migrant groups are able to speak their own language and maintain their own customs. Multiculturalism as a policy recognizes that social cohesion is attained by tolerating differences within an agreed legal and constitutional framework.Quiet Revolution 平静革命----Ever since 1763, when France lost its empire in North America to England, French Canadians have struggled to preserve their language and culture. In the early 1960s French Canadians became more vocal in their protests. In particular, they complained that were kept out of jobs in government and in some large businesses because they spoke only French. They have been struggling more rights common which was called “Quiet revolution”.Winston Churchill 丘吉尔Prime Minister of Britain during the Second World War. He took over Chamberlain in 1940 and received massive popular support. He led his country to final victory in 1945. He was defeated in the general election of 1945, but returned to power in 1951.Joan of Arc圣女贞德She was a national heroine of France during the Hundred Years’ War. She successfully led the French to drive the English out of France.。
法律重要的一些原因英语作文180字
法律重要的原因英语作文1Law plays an indispensable role in our society. It serves as the cornerstone for maintaining social order, ensuring fairness and justice, and promoting economic development.Firstly, law is crucial for maintaining social order. It provides clear rules and regulations that govern people's behaviors. For instance, traffic laws stipulate how we should drive on the roads to prevent chaos and accidents. Laws against vandalism and theft safeguard public properties and keep our communities safe and orderly.Secondly, law is essential for ensuring fairness and justice. It offers a standardized framework to judge disputes and conflicts. In the field of business, laws regulate commercial activities, ensuring fair competition among enterprises. This helps to create a level playing field and promotes economic growth in a stable manner.Moreover, law plays a vital role in punishing criminal acts. It protects citizens' personal and property safety. When criminals are brought to justice in accordance with the law, it deters potential wrongdoers and maintains social stability and harmony.In conclusion, law is of paramount importance as it provides the necessary framework for a civilized, orderly, and prosperous society. Wemust respect and abide by the law to enjoy its benefits and contribute to the common good.2Law plays an indispensable role in our society, safeguarding the rights and freedoms of individuals while maintaining social order and stability. The importance of law becomes particularly evident in various scenarios.During the pandemic, for instance, laws were enacted to ensure public health and safety. Mandatory mask-wearing, social distancing measures, and restrictions on large gatherings were implemented. These laws, though imposing certain constraints on personal freedom, were crucial for protecting the well-being of the entire community. They prevented the rapid spread of the virus and saved countless lives. At the same time, laws also ensured that individual reasonable freedoms were respected. For example, people were still allowed to go outdoors for essential activities and to express their opinions within legal boundaries.In the digital age, the significance of law is no less. The internet has brought about rapid information dissemination, but it has also raised issues such as the spread of false information and violations of privacy. Laws regulating information dissemination help maintain a reliable and trustworthy online environment. They protect citizens' right to privacy and ensure that their personal information is not misused. At the same time, laws also guarantee the freedom of speech on the internet, allowing peopleto express their views and opinions freely as long as they do not violate the law or harm the rights of others.In conclusion, law is not only a restraint but also a protection. It strikes a balance between individual freedom and social interests, creating a harmonious and orderly society. We should respect and abide by the law to enjoy the benefits it brings.3Law plays an indispensable role in our modern world, especially in international interactions. It serves as the bedrock that maintains order and justice among nations. Take international trade as an example. In this complex and vast field, legal norms act as a reliable safeguard for the legitimate rights and interests of various countries. Without clear and enforceable laws, trade disputes would arise frequently, causing chaos and losses. For instance, when it comes to intellectual property protection, specific legal provisions ensure that innovative products and technologies are properly protected, encouraging the exchange and development of advanced knowledge.Furthermore, in the resolution of international disputes, the authority and impartiality of the law are of paramount importance. When conflicts occur between countries over territorial or resource issues, the application of international law provides a peaceful and rational way to solve the problem. It prevents the escalation of conflicts into violent confrontationsand maintains global stability. For instance, the disputes over maritime boundaries have been addressed through legal means, based on established international maritime law.In conclusion, law is not only a tool for governance but also a guarantee for the smooth progress of international cooperation and communication. Its significance lies in providing a stable and predictable framework, allowing different countries to interact and develop on an equal and just basis.4Law is of paramount importance in our society as it serves as the cornerstone for maintaining order, promoting fairness, and driving social progress. One of the significant roles of law is in facilitating educational equity and safeguarding citizens' right to education. For instance, laws ensure that all children, regardless of their background or economic status, have access to quality education. This not only empowers individuals but also enriches the entire society by cultivating a well-educated workforce that can contribute to various fields and drive economic growth.Another area where law plays a crucial role is environmental protection and sustainable development. Laws impose strict regulations on industries to control pollution emissions and promote the use of renewable resources. Through these measures, we are able to preserve our natural environment for future generations. For example, laws may requirefactories to install advanced filtration systems to reduce harmful substances released into the air and water.In conclusion, law is not just a set of rules but a powerful force that shapes a civilized and prosperous society. It provides a framework within which people can live peacefully, pursue their dreams, and contribute to the common good. Without the guidance and enforcement of law, chaos and injustice would prevail, hindering our progress towards a better world.5Law plays an indispensable role in our society. It is not merely a set of rules but a powerful force that shapes our moral and value systems. Laws guide citizens to adhere to social morality and cultivate a sense of integrity. For instance, traffic laws require us to follow traffic rules, which not only ensures our own safety but also reflects our respect for the rights and safety of others. This kind of compliance gradually becomes a part of our moral code, making us more responsible and self-disciplined.Moreover, laws punish immoral behaviors, thereby upholding justice and kindness. Consider cases of fraud or theft. When law enforcement steps in and holds the perpetrators accountable, it sends a clear message that such actions are unacceptable. This not only deters potential wrongdoers but also reassures the public that justice will prevail.Laws also contribute to the stability and order of society. They provide a framework within which people can interact and conduct their affairswith confidence. Without the rule of law, chaos and injustice would likely prevail, undermining the very fabric of our communities.In conclusion, the importance of law cannot be overstated. It molds us into ethical and responsible citizens, safeguards fairness and justice, and maintains the harmony and stability of society. We must respect and abide by the law to build a better world for ourselves and future generations.。
考研英语范文阅读（三十二）
The world is going through the biggest wave of mergers and acquisitions ever witnessed. The process sweeps from hyperactive America to Europe and reaches the emerging countries with unsurpassed might. Many in these countries are looking at this process and worrying： “Won't the wave of business concentration turn into an uncontrollable anti-competitive force？” There's no question that the big are getting bigger and more powerful. Multinational corporations accounted for less than 20% of international trade in 1982. Today the figure is more than 25% and growing rapidly. International affiliates account for a fast-growing segment of production in economies that open up and welcome foreign investment. In Argentina， for instance， after the reforms of the early 1990s， multinationals went from 43% to almost 70% of the industrial production of the 200 largest firms. This phenomenon has created serious concerns over the role of smaller economic firms， of national businessmen and over the ultimate stability of the world economy. I believe that the most important forces behind the massive MA wave are the same that underlie the globalization process： falling transportation and communication costs， lower trade and investment barriers and enlarged markets that require enlarged operations capable of meeting customers' demands. All these are beneficial， not detrimental， to consumers. As productivity grows， the world's wealth increases. Examples of benefits or costs of the current concentration wave are scanty. Yet it is hard to imagine that the merger of a few oil firms today could re-create the same threats to competition that were feared nearly a century ago in the US， when the Standard Oil trust was broken up. The mergers of telecom companies， such as World Com， hardly seem to bring higher prices for consumers or a reduction in the pace of technical progress. On the contrary， the price of communications is coming down fast. In cars， too， concentration is increasing—witness Daimler and Chrysler， Renault and Nissan—but it does not appear that consumers are being hurt. Yet the fact remains that the merger movement must be watched. A few weeks ago， Alan Greenspan warned against the megamergers in the banking industry. Who is going to supervise，regulate and operate as lender of last resort with the gigantic banks that are being created？ Won't multinationals shift production from one place to another when a nation gets too strict about infringements to fair competition？ And should one country take upon itself the role of “defending competition” on issues that affect many other nations， as in the US vs. Microsoft case？ 63. What is the typical trend of businesses today？ （A）To take in more foreign funds. （B）To invest more abroad. （C）To combine and become bigger. （D）To trade with more countries. 64. According to the author， one of the driving forces behind M&A wave is ________. （A）the greater customer demands （B）a surplus supply for the market （C）a growing productivity （D）the increase of the world's wealth 65. From paragraph 4 we can infer that ________. （A）the increasing concentration is certain to hurt consumers （B）WorldCom serves as a good example of both benefits and costs （C）the costs of the globalization process are enormous （D）the Standard Oil trust might have threatened competition 66. Toward the new business wave， the writer's attitude can be said to be ________. （A）optimistic （B）objective （C）pessimistic （D）biased 答案及试题解析 CADB 63.（C）意为：合并并变得庞⼤。
【竞争策略】Anti-Unfaircompetitionlaw反不公平竞争法
【竞争策略】Anti-Unfaircompetitionlaw反不公平竞争法Anti-Unfair Competition Law of the Peoples Republic of China1993.12.01STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESSANTI UNFAIR COMPETITION LAW OF THE PEOPLE'S REPUBLIC OF CHINA(Adopted by the Third Session of the Standing Committee of theEighth National People's Congress On September 2nd, 1993)CONTENTCHAPTER ONE GENERAL PROVISIONSCHAPTER TWO ACTIVITIES OF UNFAIR COMPETITIONCHAPTER THREE SUPERVISIONCHAPTER FOUR LEGAL RESPONSIBILITYCHAPTER FIVE SUPPLEMENTARY ARTICLESChapter One General ProvisionsArticle1This law is drawn up in order to safeguard thehealthy development of the socialist market economy, encourage andprotect fair market competition,prohibit unfair competition,safeguard the legal rights and interests of managers.Article2Managers shall abide by the principle ofvoluntariness,equality,impartiality,honesty and good faith, andalso adhere to public commercial moral in their business transactions."Unfair competition",in this Law, means activities made by managerswho damage the others'legal rights and interests, disturbe theorder of social economy and violate the provisions of this Law."Manager",in this Law,means the legal person,the othereconomic organisations and individuals who deal with commercialbusiness or profitable service (commodities in this Law in hereafteras to commodity which includes service).Article3The governments in all levels shall adopt methodsto prohibit unfair competition and to create the sound environmentand conditions for fair competition.The Bureaus of Industrial and Commercial Management of thePeople's Government over the county level supervise unfaircompetition,except for the supervision made by the otherorganisations in accordance with the provisions of the other laws orregulations.Article4The State shall encourage,support and safeguardall organisations and individuals to carry out social supervising forunfair competition.Officials in the State organs should not support or shieldunfair competition.Chapter Two Activities of Unfair CompetitionArticle5Managers should not use the following unfair methodsin their business transactions which can damage other competitors:1. to feign the others' registered trade mark;2.to use the specific name, package, decoration of the famous or noted commodities,or use a similar name, package, decoration of the famous or noted commodities,which may confuse consumers distinguishing the commodities to the famous or noted commodities;3.to use the name of other enterprise or personal name and make people confuse this commodity to the other's commodity;4.to feign or pretend to be the certificate of attestation,markof fame and high qualification,to feign the certificate of originally produced place of the commodities,which make others to misunderstand the qualification of the commodities because of the false certificates.Article6Public facility enterprises or the other enterpriseswhich legally monopolized the special market in accordance with law shall not force the others to purchase the commodities pointed by the enterprises or prohibit the competition from the other companies.Article7The government and its organ shall not abuse its authority to force the others to purchase the commodities from the pointed seller or prohibit the fair competition from the others. The government and its organ shall not abuse its authority to prohibit outside commodities from going into home market, or prohibit domestic commodities from going to outside market.Article8Managers shall not use money or properties or the other methods to bribe to others in order to sell or purchase commodities.It shall be guilty of giving bribe if managers give asecret commission to the other organisations or individuals withoutthe normal accounting records.It shall be guilty of taking bribe,if the organisations or individuals accept the secret discount without normal accounting records.Managers may offer a discount to the others in public,or maypay commission to the middle man in selling or purchasing commodities.However,managers who give discount to the others or pay commission to the middle man, or the others who take the discount or commission shall make accounting strictly according to the facts.Article9Managers shall not use advertisement or the other methods to make a false propaganda for the quality,composition, function,usage,producer,time of efficacy and place of production of commodities.Advertising company shall not be an agent of, or design, or make,or propagandize false advertisement,if it know or should know the truth.Article10Managers shall not use the following methods to infringe upon business secrecy:1.to steal,coerce, or use any other unfair method to obtainthe other's business secrets;2.to disclose,use or permit others to use the business secrets mentioned in Section 1 of this Article.3.to violate the contract or the requirement to publish, use or permit others to use the business secrets, which were maintained as secrets by the legal owner of the business secrecy.The third party who knows or should know the illegal activities asfirst mentioned,and who gains, uses or publishes the business secrecyshall be looked as activities of infringing upon the others' business secrecy."Business secrecy",in this Article,means the utilized technical information and business information which is unknown by the public,which may create business interests or profit for itslegal owners,and also is maintained secrecy by its legal owners.Article11Manager shall not sell commodity at the price lower than the commodity's cost in order to put the other competitors outof the competition.Any of the following activities shall not be looked as unfair competition:1. to sell fresh or live commodities;2.to quickly sell commodities before their expiration or the other overstock commodities;3. to cut prices or on sale in season;4.to cut prices to sell commodity for cleaning debts,changingor suspending business.Article12Manager shall not sell commodity attached with unreasonable condition or force the consumers to unwillingly purchaseany additional commodity that come together with the product that the consumer buys.Article13Manager shall not sell commodity with lottery ticketsuch as the following activities:1.to sell commodity by the way of making fake award or arranging inside person to win the lottery;2.to sell unqualified or high prices commodity by the way of awarding selling;3.to sell commodity with lottery award which the top award is more than 5000 RMB yuan.Article14Manager shall not fabricate,spread false facts to damage the business reputation or commodity fame of the other competitor.Article15Bidder shall not act in collusion for bidding, not raiseor reduce the price for bidding.Bidder shall not collude with the company that is offering to bidin order to put the other bidders out of the competition.Chapter Three SupervisionArticle16The supervising authority over the county's administration may carry out the supervision to activities of unfair competition.Article17The supervising authorities has following powers inthe supervision:1.Require manager,connected person,testified person in due process and require them to supply testified material or the other documents with regarding to activities of unfair competition.2.Require,copy agreements,accounting books,vouchers, documents,records,business fax or letters and the other materials with regarding to the activities of unfair competition;3.Check commodities or properties with regarding to the activitiesof unfair competition under the provision of the Article 5 of this Law,and also if necessary, require manager to explain the originated sourceand sum of the commodities,to suspend selling,to wait for checking,prohibit to move,hide or eliminate the commodities or the properties.Article18Supervisor shall show the certificate of supervision when he carries out the supervision to activities of unfair competition.Article19Under the supervision of the activities of unfair competition,manager,connected person and testified person shall supply the related materials or information strictly according tothe facts.Chapter Four Legal ResponsibilityArticle20Manager shall bear the responsibility for compensatingto the damage made by damager to the damaged party under the violation of the provision of this Law.Amount of the compensation shall be equivalent to the profit made by the damager during its damaging, ifit is difficult to measure the amount of damage;And it also shall compensate the reasonable cost to the damaged party who has paid the cost to investigate the activities of unfair competition made by damager.The damaged party may bring law suit to the People's Court when its legal interests and rights are damaged.Article21Manager shall be punished in accordance with the Lawof Trade Mark of the People's Republic of China and the Law of Supervision on Product Qualification of the People's Republic of China,if he imitates the other's registered trade mark, uses the other enterprise's name or personal name without permitting, forgesor fake the mark of certificate,the mark of famous or high quality products,fake the original produce place, make a fake or misunderstanding description for quality of the products.The supervisor shall order to stop the illegal activities,confiscate the illegal income, and also fine amount from one to three times of the illegal income;may revoked the business licence as the facts is serious,if the manager uses the special name, package, decoration of the famous or noted commodities or uses the similar name,package,decoration to that of the famous or noted commodities and make the commodities confusing to the famous or noted commodities.If manager sells false or bad commodities and violates the Criminal Law, he shall be investigated in accordance withthe Criminal Law.Article22Manager bribe by giving money or properties or using any other method in order to sell or purchase the commodities and violate the Criminal Law, shall be investigated in accordance with the Criminal Law;if the acts as first mentioned do not violate the Criminal Law,the supervisor may fine an amount from more than10, 000to less than200,000RMB yuan in according to the facts,and confiscate the illegal income.Article23Manager of public facility enterprise or the other enterprises with a legal monopoly position force others to purchase the commodities which the manager manages, or put the other managers out of competition,the supervisor in the provincial or citywith directions administration shall order to stop illegal activities,and may fine amount from more than 50,000 to less than 200,000 RMB yuan in accordance with the facts.The supervisor may confiscate illegal income, and may fine amount from one to three times of illegal income, if the pointed manager take an advance to sell the unqualified and high price commodities or abuse of power to charge unreasonable fee. Article24The supervisor shall order to stop the illegal activities,clear up the bad influence, may fine amount from morethan10,000to less than200,000 RMB yuan in accordance with the fact,if the manager uses advertisement or the other method to make a fake or misunderstanding description for its commodities.Supervisor shall order to stop the illegal activities, confiscate illegal income and fine in accordance with the law, if the manager in advertisement agent,design,make or publish a fake advertisement as it knows the true situation.Article25Supervisor shall order to stop the illegal activities,may fine amount from more than 10,000 to less than 200,000RMB yuan, if manager violates the Article10to infringe upon the business secrecy.Article26Supervisor shall order to stop illegal activities, andmay fine amount from more than 10,000 to less than 100,000RMB yuan, if manager violate the Article 13 in regarding to sell with lottery.Article27If bidders act in collusion, raise or reduce the priceof the bid;and bidder and invite tender ganged up in order to putthe others out of the fair competition, its bid shall be invalid andthe supervisor may fine amount from more than 10,000 to less than200, 000 RMB Yuan in accordance with the facts. Article28If the manager violate this Law regarding to the orderto stop selling,moving, hiding, eliminating the commodities relatedto unfair competition,the supervisor may fine amount from more than one to less than three times of price of commodities regarding to selling, moving, hiding or eliminating as first mentioned.Article29If the party refuses to accept the fine decision madeby supervisor may apply the senior supervisor to reexamine the case within15days from the date when the fine decision was received; Ifthe party who refuses to accept the decision of reexamine made by the senior supervisor may bring a law suit to the People's Court within15days after the reexamined decision received; or the party may bring a law suit to the People's Court directly. Article30If the government or its departments violate Article 7of this Law to force the others to purchase the commodities from the pointed manager,limit the others make a fair competition,or limit commodities to transfer between regions, the senior government shall order to correct these mistakes; If the fact is serious, the samelevel government organ or the senior government organ shall administratively punish the person who bear the direct responsibility.The pointed manager take advance to sell commodities with unqualified and high price, the supervisor shall confiscate the illegal income, and may fine amount from more than oneto less than three times of illegal income.Article31Official of the supervisor of unfair competition who abuse of power, negligence, commit on criminal guilty shall be punishedby the Criminal Law;If not guilty,it shall be punished in accordance with administrative regulations.Article32Official of the supervisor for unfair competition shallbe punished by the Criminal Law,if he is fraudulent, or illegally shields the manager from the legal punishment even though he knows he fact of the manager's crime.Chapter Five Supplementary ArticlesArticle33This Law shall become effective on December 1st, 1993.。
关于法律的英语作文200
关于法律的英语作文200The Importance of Law in a Just and Equitable Society.Law is an essential component of any just and equitable society. It provides a framework for the conduct of individuals and institutions, ensuring that rights are protected, disputes are resolved fairly, and the rule of law is upheld. Without a strong and impartial legal system, societies would descend into chaos and anarchy, where the powerful would exploit the weak and the rule of force would prevail over reason.One of the primary functions of law is to define and protect individual rights and freedoms. The law establishes clear boundaries of acceptable behavior, prohibiting acts that harm the person, property, or reputation of others. It also guarantees fundamental rights such as freedom of speech, religion, and assembly, ensuring that individuals can participate fully in society without fear of reprisal.Another crucial role of law is to resolve disputes peacefully and impartially. When conflicts arise, the law provides a structured process for resolving them through negotiation, mediation, or adjudication. This process ensures that disputes are resolved fairly, according to established rules and principles, rather than through violence or arbitrary decision-making.Furthermore, law plays a vital role in regulating economic activity. It establishes rules for the creation and operation of businesses, protects consumers from fraud and exploitation, and ensures fair competition in the marketplace. By providing a stable and predictable legal environment, law fosters economic growth, innovation, and prosperity.In addition to these core functions, law also serves as a tool for social progress and reform. Laws can be enacted to address systemic inequalities, protect vulnerable populations, and promote social justice. For example, laws against discrimination have played a crucial role in combating racism, sexism, and other forms of prejudice.However, it is important to recognize that laws alone do not guarantee a just and equitable society. Theeffective implementation and enforcement of the law are equally essential. This requires an independent and impartial judiciary, a well-trained and professional law enforcement, and a citizenry that understands and respects the rule of law.When the law is not respected or enforced, it loses its legitimacy and becomes an instrument of oppression rather than a safeguard of rights. Corrupt or biased judges can pervert justice, while weak or ineffective law enforcement can allow criminals to escape punishment and undermine the public's trust in the legal system.Moreover, the law must be accessible to all members of society. This means that legal services must be affordable and easily available, particularly for the poor and disadvantaged. It also requires that the law be written in clear and understandable language, so that people can fully understand their rights and responsibilities.In conclusion, law is an indispensable foundation for a just and equitable society. It protects individual rights, resolves disputes fairly, regulates economic activity, and promotes social progress. However, the effectiveness of the law depends on its impartial implementation and enforcement, as well as its accessibility to all members of society. By upholding the rule of law, we create a society wherejustice prevails, the rights of the weak are protected, and the benefits of civilization are shared by all.。
小学上册第9次英语第一单元真题试卷
小学上册英语第一单元真题试卷英语试题一、综合题(本题有100小题，每小题1分，共100分.每小题不选、错误，均不给分)1.Where do polar bears live?A. DesertB. JungleC. ArcticD. SavannahC2. A lever helps us lift _______ easily.3.The _______ (小鸦) is known for its intelligence.4.What do you call a period of 100 years?A. DecadeB. CenturyC. MillenniumD. EraB5.What is the name of the fairy in Peter Pan?A. Snow WhiteB. Tinker BellC. CinderellaD. ArielB6.What fruit is red and often mistaken for a vegetable?A. TomatoB. CarrotC. BananaD. Grape7.My _____ (妈妈) is my best friend.8.The chicken lays _____ eggs.9. A starfish can regrow lost ________________ (臂).10.How many players are on a football team?A. 10B. 11C. 12D. 1311.Which sport is played with a bat and a ball?A. SoccerB. TennisC. BaseballD. SwimmingC12._____ (endangered) species need protection.13.What is the name of the famous mountain in Africa?A. Mount KilimanjaroB. Mount EverestC. Mount ElgonD. Mount KenyaA Mount Kilimanjaro14.The ________ was a famous leader known for his reforms.15.The __________ (历史的思考方式) shape our discourse.16. A bumblebee is important for _______ (授粉).17.The chemical formula for phosphoric acid is __________.18.What is the name of the famous American artist known for his paintings of Campbell's soup cans?A. Andy WarholB. Roy LichtensteinC. Jackson PollockD. Pablo PicassoA19.The law of conservation of mass states that mass is neither __________ nor created.20.I love _____ (eating) fresh fruits and vegetables.21. A ____(sustainable investment) supports eco-friendly businesses.22.The chemical formula for ethylene is _______.23.Which animal is known for its long neck?A. ElephantB. GiraffeC. ZebraD. KangarooB24.The country known for its mountains is ________ (以山脉闻名的国家是________).25. A _______ is a process that produces energy.26.What is the opposite of "north"?A. EastB. WestC. SouthD. CenterC27.In the forest, I found a beautiful ______ (蘑菇). It was red with white ______ (斑点).28.I love to decorate my ______ (房间) with posters and photos. It reflects my personality and interests.29.I found a ______ (coin) in my pocket.30.We read ______ (杂志) together.31.What is the name of the famous artist who painted the ceiling of the Sistine Chapel?A. Leonardo da VinciB. Vincent van GoghC. MichelangeloD. Pablo PicassoC32.What do you call a place where animals are kept?A. ZooB. ParkC. FarmD. GardenA33.The chemical formula for calcium carbonate is _______.34.What is the name of the famous museum in Paris?A. LouvreB. MetC. British MuseumD. UffiziA35.What is the capital of Japan?A. BeijingB. SeoulC. TokyoD. TaipeiC36.The capital of Hungary is ________ (布达佩斯).37. A chemical reaction that absorbs energy is called a ______ reaction.38.The chemical formula for ammonia is _____ (NH).39.The __________ is the capital city of Japan. (东京)40. A _______ is a reaction that produces a solid.41. A solar system can have many _____, but usually has one star.42.I can ______ (跑) fast.43.The study of plants is called ______. (植物学是研究植物的科学。
有道德的英语单词
有道德的英语单词1. 单词：virtuous- 单词释义：有道德的；善良的；正直的；自命清高的（略带贬义时）。
- 单词用法：可作定语修饰名词，如a virtuous person（一个有道德的人）；也可作表语，例如She is virtuous.（她很有道德。
） - 近义词：moral, ethical, good。
- 短语搭配：virtuous circle（良性循环）；virtuous life（有道德的生活）。
- 双语例句：- I always admire those virtuous people. They are like lighthouses in thisplex world, guiding us to be better.（我总是钦佩那些有道德的人。
他们就像这个复杂世界里的灯塔，指引我们变得更好。
） - A virtuous act doesn't always need to be grand. Sometimes, just a simple smile to a stranger can be a virtuous start.（一个有道德的行为不总是得很宏大。
有时候，仅仅是给陌生人一个简单的微笑就可以是一个有道德的开始。
）- My grandma is a truly virtuous woman. She neverplains and always helps others. It's amazing!（我的奶奶是一个真正有道德的女人。
她从不抱怨，总是帮助别人。
真是太棒了！）- In this society, we should encourage more people to be virtuous. Isn't it the key to a harmonious world?（在这个社会中，我们应该鼓励更多的人变得有道德。
这难道不是构建和谐世界的关键吗？） - He claims to be virtuous, but his actions don't always match his words. What a phony!（他声称自己有道德，但他的行为并不总是和他的话相符。
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Asian Social Science; V ol. 9, No. 7; 2013ISSN 1911-2017 E-ISSN 1911-2025Published by Canadian Center of Science and Education The Role of Competition Law: An Asian PerspectiveRita Yi Man Li1 & Yi Lut Li21 Department of Economics and Finance, Hong Kong Shue Yan University, Hong Kong2 School of Law, City University of Hong Kong, Hong KongCorrespondence: Rita Yi Man Li, Department of Economics and Finance, Hong Kong Shue Yan University, Hong Kong. Tel: 852-2570-7110. E-mail: ritarec1@Received: March 4, 2013 Accepted: April 8, 2013 Online Published: June 1, 2013doi:10.5539/ass.v9n7p47 URL: /10.5539/ass.v9n7p47AbstractIn EU and the US, competition law regulates the practices of large firms so as to protect consumer welfare and economic efficiency. In Asia, many countries such as China and Vietnam are shifting to market economy; small firms expand and grow to become large scale corporations. Competition law is gaining importance in these countries. This paper firstly provides an overview on the role of the competition law in protecting consumer efficiency and consumer welfare. Afterwards, content analysis on the previous journal articles about Asia’s countries competition law, such as China, Vietnam, South Korea, Japan, India will be conducted. Lastly, a case study on supermarket in Hong Kong shows the role of competition law.Keywords: competition law, antitrust law, consumer welfare, economic efficiency, content analysis, case study, Asia, Hong Kong1. IntroductionOver the past few years, economic development and the gradual shift from government planned economy in many places lead to a chorus of voices has called for action in the arena of competition policy (Aydin, 2012; Tarullo, 2000). Competition law (also known as antitrust law in the US) is often used to protect the competition process in the market by installing a legal framework to regulate the practices of undertakings (Parakkal, 2011; Isac & Elena, 2010; Simpson, 2010) and provides a good environment for business entities (Jashari & Memeti 2012). It has become increasingly popular in various economies to embrace the market mechanism (Wu, 2012). Scholarly speaking, by facilitating competition, competition law is designed to achieve efficient allocation of resources; enhances consumer welfare by lowering product price, quality and services (Roberts, 1996); and provides innovation incentive (Iacobucci et al., 2006; Hooper & Price, 2010).2. An Overview on the Roles of Competition Law in EU and the USGenerally speaking, economists regard the promotion and protection of competition process as the most important direction in the understanding of competition law. Roberts asserted that competition is the best means to allocate resources and in turn provide consumers with more alternatives (Roberts, 1996). Gal (2004) concluded that the major goal is to limit the abuses of monopoly power by dominant firms. Jens and Stephan pointed out that such law is implemented against the limitation of competition or unfair competition and set the level of playing field for the market system. It is drafted to protect the smaller firms from the power of the larger enterprises (Calvani, 1981; Lapachi & Ketevan, 2002). In Intel case law, it was found that political considerations played more important role than economic reasoning behind the EU antitrust decision (Mazzone & Mingardi, 2011). Tackling of monopolistic pricing is also a main concern (Wu, 2012). All in all, as Kirkwood et. al. (2008) commented, promotion of consumer welfare is not the first priority in implementation of competition law.2.1 Competition Law’s Role in Efficient Allocation of Resources and Consumer WelfareNevertheless, Baarsma (2011) and Kerber (2007) held opposite view. Competition law is aimed at promoting consumer welfare. The relationship between efficient allocation of resources and competition is generalized by the theory of welfare economics. Under perfect competition, Pareto-efficiency of allocation will be fulfilled without the presence of state intervention (Kerber, 2007). This is achieved ay the equilibrium prices, say P*, where the market demand and supply curves intersect. Consumer surplus is the difference between the price thata consumer is willing to pay at each unit (indicated as along demand curve PC) and the price that he actually pays, i.e. P*. Accordingly the total consumer surplus for quantity transacted at Q* (equilibrium quantity) as represented by triangle AP*C . Nonetheless, efficient allocation of resources shall be the summation of consumer and producer surplus in perspective of economics; where producer surplus refers to the difference between the price paid by the consumer (P*) and the minimum sum of money received by the producer such that he is willing to produce (indicated as along supply curve EC), graphically presented as area P*EC .Figure 1. Perfect competitionBesides, as concluded by Brodley, consumer welfare shall be referred to as the “direct and immediate welfare of the consumers of a distinct product” (Brodley, 1987). The end result of implementing competition law is to enhance the economic efficiency where consumer shall obtain an appropriate share of such welfare, i.e. consumer welfare. In the language of economics, consumer welfare is thus defined as consumer surplus (Brodley, 1987). In other words,1).consumer welfare = consumer surplus;2).efficient allocation of resources = consumer surplus + producer surplusAccordingly, consumer surplus is not the same as efficient allocation, but is part of it.2.2 How Does Competition Law Help Achieve More Efficient Allocation of Resources & Consumer Welfare?In absence of competition law, small stand-alone stores will be replaced by vertical marketing systems which are professionally managed and centrally programmed networks, designed to achieve managerial, promotional, technological economies through the synchronization, integration and co-ordination and the marketing flows from production to ultimate use (Baily & Gordon, 1993). The continuous expansion may ultimately end up with one single large monopoly firm. The successful rival, however, produces up to the quantity where marginal revenue that it could earn for that unit is the same as marginal cost of production, i.e. Qm. At that quantity, the price is raised to Pm and quantity transacted is lowered to Qm. At that point, the consumer surplus and producer surplus are reduced to APmB and EPmBD respectively. As compared to perfect competition where efficient solution is obtained at the intersection of the demand and supply curve, a deadweight loss as indicated by BCD is resulted (Brue et al., 2010).Figure 2. MonopolyTable 1. Comparison between perfect competition & monopoly (Brue et. al. 2010)MonopolycompetitionPerfectPrice P* PmQuantity Q* QmMarginal revenue It is equal to demand schedule Marginal revenue curve falls belowthe demand curve if the sellerswant to sell one more units, they donot only need to lower the price ofone unit but all the previous unitsMost efficient point Marginal revenue = marginal costsConsumer surplus ACP ApmBProducer surplus P*CE EPmBDDeadweight lose No BCDAsserted by the scholars, one of the aims of implementing competition law is to prevent the expansion of company which eventually ends up with one single monopoly where total surplus of a society reduces (Parakkal, 2011). Pursuant thereto, competition law could be said as a legal tool which “guide” the market structure moveto the perfect competition situation (Figure 1) and move away from the monopoly market structure (Figure 2). Accordingly, consumer welfare could be enlarged with the help of competition law (Leslie, 2009) and allocationof resources is more efficient (Figure 1 and Table 2).3. Research MethodThere are two major qualitative research methods in this research. The first one is content analysis on the journalarticles which studies the reasons on the rationale of the provision of the competition law and the second part is acase study on Hong Kong’s supermarket.As mentioned in Chang et. al. (2013), content analysis is used to investigate and describe the data by extractingand evaluating the occurrences of the latent content of a body of textual material in a systematic way. An appropriate content classification scheme is an important step. Similar to any other qualitative research method,content analysis has its weaknesses and strengths. To successfully develop content analysis, classification and measurement of data must be undertaken with objectivity, rigor and exactness which requires a large degree of personal judgment and requires an in-depth knowledge on the subject matter. After that, a case study on Hong Kong Supermarket (Welcome, Park’n Shop and 759) case study enables us to obtain in-depth information from detailed descriptions of events and observed behaviors (Li, 2013b) on the rational of competition law.4. The Role of Competition Law in Asia: A Literature Review Similar to many other places around the globe, competition law is designed to protect economic efficiency (Owen et al., 2008; Poapongsakorn, 2002; Huang et al., 2010) and consumer welfare (Owen et al., 2008; Poapongsakorn, 2002); prohibit or prevent the existence of monopolistic behaviour/mergers (Harris, 2006; Sun, 2011); promotes competition (Luu, 2012; Patel, 2011; Porter & Sakakibara, 2004; Sun, 2011; Yun & Hong, 2005) and unscrupulous business practices (Ho & Chan, 2003; Clarke, 2011). In Korea, Shin (2002) suggested that the existence of the competition law in Korea is to prevent the special form of conglomerates. Similar line of reasoning can also be found in Japan (Suzuki, 2002). As many of the countries in Asia are developing countries, apart from the abovementioned reasons which are very common in EU or the US, the implementation of competition laws in Asia countries are also considered as a tool which can stimulate economic growth, example India (Patel, 2011); international integration in Vietnam (Doan & Stevens, 2012) and promote fairness in Asia (Liu, 2012), China (Huang, et. al. 2010) and Indonesia (Pangestu et al., 2002) and solve some of the problems which are common in developing countries such as the problem of the lack of effective institutions and regulations in Indonesia (Pangestu et al., 2002) and monetary problems in Israeli (Gal, 2004).Table 2. Major purpose of implementing competition laws (author’s research) Luu (2012) ASEAN Competition law nurtures the competitive environment in an economy.Liu (2012) Asia It aims at ensuring fairness.Clarke (2011) Central Asia* Competition laws prevent firms in the same industry from forming cartels or colluding, prevent dominant firms from exercising market power; mandatorily require firms to notify the competition agency about mergers and allow the officials to investigate and prohibit mergers.Harris, H. S. (2006) China This law aims to prohibit monopolistic behaviour,protect and promote market competition, ensure the healthy development of the socialist market economy, safeguard the legitimate rights, consumers and public interests.Huang, et. al. (2010) China It promotes the healthy development of China's socialist market economy, enhances economic efficiency, prevents and restrains monopolistic conduct, protects fair competition in the market, safeguard consumers’ and the public’s interests.Owen, et. al. (2008) China Antitrust law seeks to protect customers and businesses, prevent the wealth transfers due to the creation and exercise of undue market power. Making sure that goods are made by the firm that can produce them at lowest cost, and that goods flow to those consumers who value the goods the most, it promotes economic efficiency. Finally, it seeks to promote private competitive markets as alternatives to regulated monopolies or state-owned enterprises.Sun (2011) China Anti-monopoly law aims to protect market competition, i.e. rival’s competitive rights as well as consumers’ interests.Sun (2011) China It promotes the transformation and development of economic system, challenges the existing monopolies of domestic companies and promotes market competition. Ho & Chan (2003) Hong KongIt gives consumers’ the right to full redress against unscrupulous business practices.Patel (2011) India Competition law promotes competition, economic growth and innovation. It prevents certain behaviors which may restrict competition. It also promotes consumer welfare by maintaining the qualities of the goods in the market and new products to the market. It also aims at preventing unfair trade practices, curbing the abuse of monopoly power in the market.Pangestu, et. al. (2002) Indonesia It protects consumers and ensure fair competition, solves the problem of the lack of effective institutions and regulations, ensures market mechanisms worked for efficiency outcomes.Gal (2004) Israeli The Israeli competition act tries to create an economic infrastructure to serve the small and developing economy while combats monetary problems.Porter & Sakakibara, 2004 Japan The goal of the law is to break up the “zaibatsu”, which are obstacles to competition and democratization in Japan.Suzuki (2002) Japan The purpose of the Anti-Monopoly Act is to prevent the emergence of large-scale conglomerates.Shin (2002) Korea Competition law includes direct controls on chaebols (a special form of business conglomerates in South Korea). Nevertheless, it was found to be ineffective in resolving chaebol-related problems because of the insufficient attention having been paid to the problems of market power.Yun & Hong (2005) Korea It prohibits mergers achieved through coercion or any other unfair methods, restricting competition in a trade. It also enhances efficiency which results from a merger in terms of research and development, production, sales.Poapongsakorn (2002) Thailand It aims to enhance the competitive process by improving the enforcement mechanism. It also protects consumer with administrative measures and prevents rapid growth in the prices of services and goods, competition and competitive process. It also promotes economic efficiency, maximizes social welfare, promotes the competitive process and prevents monopolistic behaviors which include price fixing and bid rigging.Doan & Stevens (2012) Vietnam The introduction of various laws which include Competition Law in 2005, increase international integration and stimulate competition. The improvement in competition also leads to a massive growth in number of firms.*The study also includes Europe.5. The Role of Competition Law in Hong Kong: A Review on SupermarketsIn Hong Kong, there are two large scale supermarkets: Welcome (278 shops) and Park’n Shop (there are 263 shops altogether with 8 different branch names: 163 Park’n Store, 10 Taste, 7 Fusion, 1 Gourmet, 1 Great, 47 Superstore, 4 Express, 24 International, 6 Park’n Shop Frozen Food Store). In 2011, the Swire Company in Hong Kong forced the 759 Snack Shop to set a higher price for Coca Cola. Although the 759 Shop followed, Swire finally stopped selling all the Coca Cola to 759 snack shop. Without the supply from Swire, 759 Snack Shop could not sell any Coca Cola to their customers. There was rumor that the two chained store, Welcome and Park’n gave much pressure to the Coca Cola supplier, Swire (Apple Daily, 2011). This also led to a hot topic in Hong Kong on the issue; politicians and the lawmakers urged the government to quicken the process of implementing competition law. In fact, prior to 759, many Hong Kong people have already noticed that the number of traditional grocery stores decreases substantially. As small scale sellers buy relatively small quantity of goods, suppliers cannot offer a favorable low bulk purchase wholesale price for the goods. Sometimes, large scale Park’n and Welcome sell some goods even at a lower price than the grocery sellers’ suppliers’ wholesale price. In view of the slim profit, many of these small shops close.The Chinese culture emphasizes the protection of the poorer. A Chinese proverb even says, “Rob the unethical rich to relieve the poor.” (Jie-fu-ji-pin ) Taking the case of supermarket as an example, the reason why the “coca-cola incident” arose the public concern could be explained in the sense that the public are dissatisfied by the supermarket duopoly’s misuse of their market power. Meanwhile, the lawmakers in Hong Kong fundamentally are nurtured with the traditional idea to protect the poor, i.e. citizens and the small enterprises. Besides, as they are elected by the public, they must not deviate from the general public’s view points. We can conclude that competition law in lawmakers’ eyes is first to protect the consumer welfare and second to the small scale-entrepreneurship. One can conclude that efficient allocation is not the focal point of the legislation.6. 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