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在法的实然层面,发改委开出巨额罚单重罚6家奶粉企业,有我国反垄断立法明确的依据,对这6家奶粉企业以及潜在的违法者实施垄断违法行为也确有一定的威慑作用,罚款全部上缴国库的处理方式在我国也是一种习以为常的做法。然而,在法的应然层面,对此案却有研讨的必要,我国反垄断立法也有借鉴国外相关立法、改进完善的空间。涉案的奶粉企业实施垄断违法行为侵害的是不特定消费者的扩散性利益,而不是国库所承载的国家利益或只能由反垄断执法机构所代表的抽象的公共利
In the de facto level of law, the NDRC issued a huge amount of fines and penalties for heavy penalties for six milk powder companies, which have a clear basis for China’s anti-monopoly legislation. They certainly do a certain deterrent to the six milk powder companies and potential offenders in implementing monopoly illegalities It is also a common practice in our country to handle all the fine that has been turned over to the State Treasury. However, at the proper level of law, there is a need to study the case. Our antitrust legislation also draws lessons from relevant foreign legislation to improve the space for improvement. The milk powder enterprises involved in the case of monopoly violations infringe the proliferation of non-specific interests of consumers, not national interests borne by the state treasury or the anti-monopoly law enforcement agencies can only represent the abstract public interest