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经过十四年反复酝酿,《中华人民共和国反垄断法》(以下简称《反垄断法》)于2008年8月1日起正式实施,这部法律的出台,正值中国全面融入全球经济。在充分开放的市场环境中,垄断行为不但破坏竞争秩序,更对消费环境造成伤害。在《反垄断法》中,垄断行为被界定为两种情况:一种是经营垄断,一种行政垄断。造成经营垄断的行为主体,主要是企业,其垄断行为表现,在《反垄断法》中界定得很清晰。对于行政,《反垄断法》中也有相关界定条款,但并不是十分清晰。行政垄断所带来的负面影响,不断遭遇市场各方谴责,这种垄断行为对公平竞争环境的形成,已经造成了很大伤害。行政垄断一旦与主管部门的利益有牵连,这种伤害就愈显严重。营造公平竞争环境,《反垄断法》任重道远。但我们有理由相信,这部法律的实施,将有效规范企业经营行为并遏制行政垄断,由此而建立起一个公正公平的市场竞争环境。
After fourteen years of deliberation, the “Antitrust Law of the People’s Republic of China” (hereinafter referred to as the “Anti-monopoly Law”) came into effect on August 1, 2008. The promulgation of this law coincided with the full integration of China into the global economy. In a fully open market environment, monopolistic behavior not only undermines the competition order, but also harms the consumption environment. In the “Anti-Monopoly Law,” monopolies are defined as two situations: one is the operating monopoly, an administrative monopoly. The actors that cause the monopoly of operation, mainly the enterprises, whose monopolistic behavior is manifested are clearly defined in the “Anti-Monopoly Law.” For administrative purposes, there are also related clauses in the AML, but it is not very clear. The negative impact brought by the administrative monopoly has constantly been condemned by all parties in the market. Such monopolistic behavior has caused great harm to the formation of a fair and competitive environment. Once the administrative monopoly has been implicated in the interests of the competent authorities, such injuries become even more serious. To create a level playing field, the Antitrust Law has a long way to go. However, we have reason to believe that the implementation of this law will effectively standardize the business conduct of enterprises and curb administrative monopolies, thus establishing a fair and equitable market competition environment.