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我国自改革开放以来,逐步放开了价格管制,价格竞争便逐渐成为企业选择的主要竞争手段。然而,随着价格竞争消极作用的凸显,对价格竞争进行法律规制的必要性日渐得到理论和实务界的认可。但是如何有效规制价格竞争,则成为了一个困扰人们的难题。规制不当,不仅可能会了无成效,甚至可能会加剧对市场竞争的损害。我国作为一个没有竞争法传统的国家,借鉴域外立法和实践的宝贵经验便成了不二的选择。但即便如此,我国的价格竞争规制仍然面临自身独特的问题和困境。本文拟通过国际比较研究等方法探索价格竞争规制难题的解决进路和相关制度的完善路径。
Since the reform and opening up, China has gradually liberalized its price control and price competition has gradually become the main means of competition for enterprises to choose. However, with the prominent negative effects of price competition, the necessity of legal regulation of price competition has been increasingly recognized by both theory and practice circles. However, how to effectively regulate price competition has become a puzzle for people. Improper regulation can not only be ineffective but can even exacerbate the damage done to market competition. As a country that does not have a tradition of competition law, our country has made the best choice by learning from the valuable experience gained in legislation and practice outside the territory. But even so, China’s price competition regulation still faces its own unique problems and difficulties. This article intends to explore ways to solve the problem of price competition regulation and ways to perfect the relevant system by means of international comparative studies.