市场经济条件下,垄断是竞争的必然产物。并且,垄断效应具有双面性,即垄断具有造成社会福利净损失、寻租成本等损害可能性的同时,亦具有激励技术创新、实现规模经济、范围经济的倾向。因而,反垄断法应依个殊之情状,综合衡量垄断的双面效应,确认其不仅具有反竞争性,更损害了社会效率后,方可运用反垄断法对其进行规制,以实现反垄断法之有效运行。 Under market economy, monopoly is the inevitable result of competition. Moreover, the monopoly effect has the duality. That is to say, the monopoly has the possibility of causing net loss of social welfare and rent-seeking costs, and at the same time, it also has the tendency of encouraging technological innovation and achieving economies of scale and scope. Therefore, the antitrust law should be based on special circumstances, a comprehensive measure of the double effect of the monopoly, confirmed not only with anti-competitive, but also undermined the social efficiency, the antitrust law can only be used to regulate them in order to achieve anti-monopoly Law of the effective operation.