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一、问题的提出消费者保护是反垄断法的应有之义,我国《反垄断法》第1条即开宗明义地指出消费者利益保护为立法宗旨之一,学者们亦多认为消费者保护是反垄断法的终极目标、核心价值、首要目标等不一而足。不过,自消费者的角度视之,反垄断法并不足以为其提供完满的保护,一般认为消费者利益的实现须满足两个条件:其一是市场中产品和服务的选择范围足够宽泛(外部条件),其二是消费者拥有满足自身偏好的选择能力(内部条件)。(1)反垄断法对消费者利益的保护是通过对竞争秩序的维护加以实
First, the issue raised Consumer protection is the proper meaning of antitrust law, China’s “Anti-Monopoly Law,” the first one that is clearly stated that the protection of consumer interests for the purpose of one of the legislation, scholars are also more consumers that protection is The ultimate goal of the antitrust law, the core values, the primary goal and so forth. However, from the point of view of consumers, antitrust laws are not enough to provide them with perfect protection. Generally speaking, the fulfillment of consumer interests must meet two conditions: firstly, the choices of products and services in the market are sufficiently broad (external Conditions), and second, consumers have the ability to choose to meet their own preferences (internal conditions). (1) The antitrust law protects the interests of consumers through the maintenance of competition order