
doi: 10.2139/ssrn.1971343
Antimonopoly law (AML) is a body of basic law emerging in latest ages, which determines that from its ascent it has been facing the problem of how to reconcile and coexist with existing laws. Meanwhile, AML is a highly abstract and flexible body of law, whose operation suffers from the problem of how to operationalize and particularize its ideas and provisions. These factors render AML a mysterious law plagued by controversies and uncertainties. Other jurisdictions have accumulated rich practical experiences and academic literature in exploring the true nature of AML. However, existing research mainly focuses on particular issues. Therefore, compared with traditional legal sectors, AML hasn’t discharged the task of justifying, systemizing and rationalizing itself. AML research shall be conducted under the guidance of jurisprudence in light of foreign and domestic practical experiences and academic literature, and shall avail itself of many methodologies, including balancing, typology, positive research, normative research, comparative analysis, historical analysis, purposive analysis.
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