“串通涨价”行为的违法要件及证据证明

As one kind of the monopoly agreements, Price Cartel is a regulation object for the anti-monopoly law in the world. These conducts are strictly defined and prohibited in China’s Anti-monopoly Law , Price Law and some other relevant laws and regulations. However, the conditions which will constitute the act of "collusion" itself, and the evidence that is required are not explained in details in the relevant provisions. It not only caused problems of enforcement, but also make the enterprises confused on how to follow the law. With the development of economy, the numbers of occurrence of such conducts are on the rise, which with much more diverse and hidden ways. How to deal with these kinds of price cartels based on the circumstantial evidence is a hot but difficult issue. The investigation on the “Guangxi Dinner set case" and "Jilin green beans case” showed us evident example. In this regard, Japan's anti-monopoly theory and its judicial practices, provides us three approaches which the basis is to consider the human factors. It will be helpful to the research of China's anti-monopoly law.