招投标制度是一种公平自由竞争的市场交易制度。招投标领域中的限制竞争行为是通过限制自由竞争来谋取超额利润,它从根本上改变了招投标制度的本质,是一种违法竞争的形态。它会导致国有资产流失,国家、集体利益受到损害,这种违法的竞争形态如不进行强有力的规制,将会破坏整个市场经济的良好竞争环境。因此研究竞争行为的形态及完善对其的法律规制对于营造规范、有序的招标投标环境,促进我国的招投标事业的健康发展,具有十分重要的意义。 Bidding system is a free and fair market exchange system. The act of restricting competition in the field of bidding and bidding is to seek excess profits by restricting free competition. It fundamentally changes the essence of the bidding and tendering system and is a form of illegal competition. It will lead to the loss of state assets and the damage to the interests of the state and the collective. Such a form of illegal competition, if not vigorously regulated, will undermine the sound competitive environment of the entire market economy. Therefore, it is of great significance to study the form of competitive behavior and to improve its legal regulation in order to create a standardized and orderly bidding environment and to promote the healthy development of bidding and tendering in our country.