Abstract:
Confined by the huge deterrent of antitrust law,market players rarely used overt protocol cartel or resolution cartel,while they elaborately developed ‘underground cartel’ and struggled to hide information communication. Thus,cognizance and regulation of price concerted practice becomes a conundrum in competition law. Posner and other scholars proposed that the existence of concerted practice should be proved by objective economic evidence,regardless of subjective aspects. However,the theory of oligopolistic interdependence in economics,‘Oliver Black’ logic analysis in analytic philosophy and the legal demonstration for the particularity of "meeting of the minds" in concerted practice,all illustrated that the cognizance of price concerted practice must adhere to the subjective aspects. Focusing on subjective aspects,through the type analysis and efficiency balance of information behavior,this article tried to establish the regulatory system with ‘communication’ as the core,which might be an effective way to fight against concerted practice. It should be noted that the anti-monopoly law should have a cautious attitude to the regulation and cooperate with department laws such as the price law.