反垄断法作为经济宪法,对于法治进程和市场经济体制的建设有着深远影响。在直面社会发展中的问题时,尤其是在我国的市场体制下,反垄断法的实施需要克服经济体制改革背景下具有优势地位的企业放大权利或忽视义务的诟病。茅台、五粮液的价格垄断行为引起国家发改委的重视并因此被处以罚款4.49亿人民币。利剑出鞘,以茅台、五粮液为首白酒行业再受重创,竞争性国企的垄断行为备受争议。因此,要使反垄断法进一步深入规制竞争性国有企业领域,就必须着重分析这类企业价格垄断行为的不利影响,对现代市场经济中国有企业的性质重新定位,并对责任制度的规制作出新设想,立足本国现实以及外国立法经验对其合理性进行论证。 As an economic constitution, antitrust law has far-reaching influence on the process of rule of law and the construction of market economy system. In facing the social development problems, especially in our market system, the implementation of the antitrust law needs to overcome the criticism of the enterprises that have the dominant position in the economic system reform to enlarge or neglect their obligations. Maotai, Wuliangye price monopoly caused by the National Development and Reform Commission’s attention and was fined 449 million yuan. Sword scabbard, led by Maotai, Wuliangye liquor industry suffered another heavy hit, the monopoly of competitive state-owned enterprises is controversial. Therefore, if antitrust law is to be further regulated in the field of competitive state-owned enterprises, it is necessary to focus on analyzing the adverse effects of the price monopoly of such enterprises, reorienting the nature of Chinese-owned enterprises in the modern market economy and making new regulations on the responsibility system Imagine, justify its rationality based on its own reality and experience of foreign legislation.