《反垄断法》是维护经济民主和经济自由的基本法,有“经济宪法”之称。我国《反垄断法》旨在保护公平竞争,其规定涵盖了市场经济中几类主要的垄断行为,是我国立法史上第一次系统的反垄断立法,标志着我国竞争法律制度基本框架的形成,但其立法缺失及其导致的执法浪费与混乱非同小可,亟待调整,从而达到鼓励创新、促进自由竞争、优化配置资源的功能。 The “Anti-monopoly Law” is the basic law for safeguarding economic democracy and economic freedom. It has the title of “the economic constitution”. China’s “Anti-Monopoly Law” aims to protect fair competition. Its provisions cover several major types of monopolistic behavior in the market economy. It is the first systematic anti-monopoly law in the legislative history of our country and marks the formation of the basic framework of China’s competition law system. However, its lack of legislation and the waste and chaos of law enforcement caused by it are so serious that adjustments are urgently needed to achieve the functions of encouraging innovation, promoting free competition and optimizing the allocation of resources.