一、反不正当竞争法的立法基础自由及公平的竞争是市场经济确立与发展的前提，也是人类共同富裕的前提，德国学者路特维希·艾哈德认为：“竞争是获得繁荣和保证繁荣的手段，只有竞争才能使作为消费者的人们从经济发展中受到实惠。它保证随着生产力的提高而俱来的种种利益，终 I. The Legislative Basis of Anti-Unfair Competition Law The free and fair competition is the prerequisite for the establishment and development of the market economy as well as the prerequisite for the common prosperity of all mankind. According to the German scholar, Ludwig Erhard, "competition is to gain prosperity and guarantee Prosperous means that only the competition can make the people who are consumers benefit from the economic development, and the pledges of the benefits that come with the improvement of the productive forces will eventually