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欧共体竞争法的发展历程和欧洲一体化之间有着非常密切的关系,各成员国竞争法和欧共体竞争法之间的统一是欧洲一体化进程的关键。共同体和各成员国的竞争法形成一个协调的有机体系,能够有效阻止各国在统一市场上歪曲竞争的行为,为一体化提供重要支持。2004年5月1日,欧盟实现东扩的这一天,以欧共体新的《卡特尔程序条例》和《合并控制条例》生效为标志,欧共体竞争法改革取得了重大成就,并由此对成员国竞争法的进一步欧洲化提供了法律保障,从而为欧洲一体化的深入发展创造了新的条件。此次欧共体竞争法改革,明确欧共体竞争法相对于成员国法的优先性,并要求成员国法向欧盟法靠拢,由此确定了成员国必须改革其国内竞争法的义务。德国就在2005年对其《反限制竞争法》进行了至今为止最重大的修订,放弃了很多具有德国特色的制度,甚至不惜牺牲本国独特的竞争法律文化。成员国竞争法欧洲化过程对于我国反垄断立法借鉴外国法的选择提供了可资参考的宝贵经验。论文主要分三个部分:欧共体竞争法最新发展,德国《反限制竞争法》的欧洲化,成员国竞争法欧洲化对中国反垄断立法的启示。
There is a very close relationship between the development of EC competition law and European integration. The unification of competition law between EU member states and EC competition law is the key to the process of European integration. Community and member states’ competition laws form a coordinated and organic system that can effectively prevent all countries from distorting competition in a unified market and providing important support for the integration. On May 1, 2004, on the day when the EU expanded eastward, marked by the entry into force of the new “Cartel Procedural Regulations” and “Merger Control Regulations” of the European Community, great achievements have been made in the reform of the EC competition law, This provides the legal guarantee for the further Europeanization of the competition law of the member states, thus creating new conditions for the further development of European integration. The EC competition law reform, a clear European Community Competition Law relative to the priority of the law of member states, and member countries to require the law approach to the EU law, thus defining the member states must reform their domestic competition law obligations. In 2005, Germany carried out the most significant revision to its Anti-Restriction Competition Law to date, abandoning many systems with German characteristics and even sacrificing its own unique competitive law and culture. The Europeanization process of competition law in member countries provides valuable reference for our country’s antitrust legislation to learn from the choice of foreign law. The thesis is divided into three parts: the latest development of the EC competition law, the Europeanization of the German “anti-restriction competition law” and the enlightenment of China’s anti-monopoly legislation.