我国反垄断法的博弈分析

我国反垄断法的博弈分析

过对博弈的模型分析，找出了我国反垄断法利益博弈的纳什均衡，并提出了我国

反垄断立法、执法达成纳什均衡需要三个条件：1、制定的反垄断法是行之有效的

良法；2、制定的良法被很好地执行；3、杜绝权力寻租行为。

第四部分是博弈分析对我国反垄断实施和完善的启示。在第三部分博弈分析

的基础上，笔者指出了我国反垄断法的主要不足：1、反垄断法与行业监管的关系

不清；2、反垄断法对法律责任的规定过轻；3、缺乏一个统一、独立、权威的反

垄断执法机构。针对以上不足，笔者提出要达成我国反垄断法博弈的纳什均衡必

须理顺反垄断法与行业监管的关系，建立科学合理的反垄断法律

责任体系，建立

统一、独立、权威的反垄断执法机构，尽快出台与《反垄断法》配套的实施细则，

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并且在《反垄断法》的实施中把握尺度，杜绝权力寻租行为。

关键词：反垄断法；博弈；纳什均衡

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Abstract

Anti-monopoly law is the basis of market economy laws, and it has an important

role in the regulation of monopolistic behavior, maintenance of market competition and

protection of consumer interests. In 2007, the

anti-monopoly law marks that the reform

of China's socialist market economic system has taken an important step. This article

analyzes the game of interests between the development process of China's

anti-monopoly law and the stakeholders in legislation and enforcement of

anti-monopoly law. On this basis, the author points out the shortcomings of China's

anti-monopoly law, and then puts forward some suggestions

to the implementation and

improvement of China's "anti-monopoly law".

The article mainly consists of four parts. The

first part is the basic theory of game

analysis of anti-monopoly law. The author explains the concepts of game theory to

explore the possibility of game analysis of anti-monopoly law to the premise of

hypothesis of “rational economic man” in economic analysis, and then puts forward

four elements in theoretical framework of game analysis of anti-monopoly law: the

game participants, strategy space, the game process and revenue.

The second part is the game analysis to the legislation process of China's

anti-monopoly law. In this part, first

of all, the author briefly describes the hard

legislation process of China's anti-monopoly law, and points out the reason for the

hardships of legislation of China's "anti-monopoly law" by the visual angle of game

theory. Later, the author conducts the game analysis on the whole legislation process of

China's anti-monopoly law by the introduction of institutional change theory .At last,

the author points that the formulation process of China's "anti-monopoly law" is also the

process of a game and pursuit of Nash equilibrium among different stakeholders.

The third part is the analysis on game models of

anti-monopoly law. In this section,

the author constructs the game model of interests of China's anti-monopoly law from the

concept of non-cooperative game and the typical cases Prisoner's Dilemma . Through

the analysis on game model, the author obtains the Nash equilibrium of the game of

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interests of China's anti-monopoly law, and then puts forward that a Nash equilibrium of

legislation and enforcement of China's anti-monopoly law requires three conditions:

First, the formulation of anti-monopoly law is effective and good; Second, the good law