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为了广泛实现反对限制竞争法的保护目的,康采恩在限制竞争法的框架中被视为单一体,其所属企业间的协调不再属于该法保护范围,并由此得以完全免除卡特尔局的规制。只要康采恩的形成本身不受合并规制支配,康采恩的形成便为其参加企业形成了竞争法上的自由空间。虽然信贷法中的康采恩并不具有企业属性,但为了有效实现银行监管的保护目的,许多个别的规定往往都将信贷机构复杂的持股结构的结合所造成的危险考虑了进去。无论如何,监督范围的比较显示,康采恩在监督法上作为总体是被特权化还是被不利化,对此无法做出一般性的结论,因为对它的把握程度总是依赖于各种不同的保护目的。
In order to achieve broad protection against the restriction of competition law, it is regarded as a single entity within the framework of the competition law, and the coordination of its affiliated enterprises no longer falls under the protection of the law and thus is completely exempt from cartel rule . As long as Consort’s formation itself is not governed by the merger regulation, the formation of Constrone has created a free space for its participating enterprises to compete in law. While Consternation does not have entrepreneurial attributes in credit law, many individual provisions tend to take into account the dangers posed by the combination of complex shareholding structures in credit institutions in order to effectively protect the banking regulation. In any case, the comparison of the scope of supervision shows that the fact that Herzzenen was privileged or disadvantaged as a whole in the supervisory law can not be generalized, as the extent to which it is mastered always rests on a variety of different protections purpose.