论文部分内容阅读
一、制定反垄断法的必要性和紧迫性 1.市场经济决定了制定反垄断法的必要性 在市场经济条件下,竞争和垄断相互并存,彼此冲突和兼容。有竞争就会衍生不正当竞争,以致产生垄断。在竞争机制中,又同时存在不正当竞争和垄断。不正当竞争和垄断两者谋求达到的经济目的是相同的,即都是为了在市场上击败对手,保存和发展自己。但两者表现形式不一样。在现实中,不正当竞争行为有:假冒他人注册商标;利用虚假广告促销;限制专购;采用
I. The Necessity and Urgency of Enacting Anti-monopoly Law 1. The Market Economy Determines the Necessity of Enacting Anti-monopoly Law Under the condition of market economy, competition and monopoly co-exist with each other and conflict and are compatible with each other. Competition will be derived from unfair competition, resulting in monopoly. In the competition mechanism, there are also unfair competition and monopoly. The economic goals pursued by both unfair competition and monopolization are the same, that is to defeat their opponents in the market and preserve and develop themselves. However, the two manifestations are different. In reality, acts of unfair competition include: counterfeiting others’ registered trademarks; using false advertising to promote sales; restricting special offers; adopting