在发达国家,人们通常称反垄断法为“经济宪法”或“经济的基石”。国家通过反垄断立法,设立反垄断执法机关,确立反垄断法制,从宏观上规范市场竞争秩序,追求一种“自由+秩序”以及商品和劳务的价格“等于”其边际成本的理想竞争状态。随着我国市场经济的发展和改革目标模式的确立,建立公平竞争的法律秩序,业已成为经济的客观要求和人们的普遍共识,竞争立法也被提上了议事日程。然而,尽管种种不正当竞争行为在我国经济生活中已经出现,但因市场经济不发达,尤其因为国家所有制在国民经 In developed countries, people often refer to antitrust laws as the cornerstone of their “economic constitution” or “economy.” Through antitrust legislation, the state has set up antitrust law enforcement agencies, established the antitrust legal system, and regulated the market competition order in a macroscopic manner in pursuit of a “free + order” and the price of goods and services “equal to” its marginal cost Ideal competition status. With the development of China’s market economy and the establishment of the reform goal model, the establishment of a fair and competitive legal order has become an objective requirement of the economy and a common consensus of people. Competition legislation has also been put on the agenda. However, although all kinds of unfair competition have appeared in our country’s economic life, due to the underdevelopment of the market economy, especially because of the state ownership in the national economy