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以维护自由公平竞争为己任的反垄断法是现代各国发展市场经济所不可缺少的,是现代经济法的核心,甚至被一些国家视为“经济宪法”、“市场经济的基石”、“自由企业大宪章”等。但在我国,人们对于反垄断法的认识尚不完全一致。尽管许多人呼吁尽快制定中国的反垄断法,但也有一些人基于种种理由认为中国不需要、至少现在不需要反垄断法,其中一个重要理由是,制定反垄断法会妨碍国家正在鼓励的企业联合、兼并,不利于组建一批经济上的“航空母舰”,不利于增强企业的国际竞争力,不利于实现规模经济效益。反垄断与发展规模经济是什么关系,中国有无必要制定反垄断法,如何正确处理从我国实际出发与借鉴国外立法经验的关系?带着这些问题,记者近日走访了有关专家和立法、执法部门负责人。 记者:反垄断法所要“反”的究竟是什么?
The antitrust law, which is the responsibility of maintaining free and fair competition, is indispensable to the development of market economy in modern countries and is the core of modern economic law. Some countries even regard it as “the economic constitution,” “the cornerstone of a market economy,” and “free enterprise Magna Carta and so on. However, in our country, people’s understanding of antitrust law is not exactly the same. Although many people call for the development of China’s anti-monopoly law as soon as possible, some people think that China does not need it for various reasons. At least one antitrust law is not needed now. One of the important reasons is that the enactment of an anti-monopoly law would hinder the coalition of enterprises that the country is encouraging The merger is not conducive to the formation of a number of economic ”aircraft carriers“, is not conducive to enhancing the international competitiveness of enterprises, is not conducive to achieving economies of scale. How to deal with the relationship between the reality of our country and the experience of foreign legislation? With these questions, the reporter recently visited the relevant experts and the departments of law enforcement and law enforcement principal. Reporter: Antitrust Law to ”anti" What is it?