一、《反不正当竞争法》中限制竞争行为与垄断行为的竞合关系《反不正当竞争法》中规定的限制竞争行为主要包括五种类型:公用企业或者其他依法具有独占地位的经营者限定交易;政府及其所属部门限定交易;经营者低于成本销售;经营者搭售商品或者附加不合理交易条件;串通招投标行为。上述限制竞争行为与《反垄断法》所要规制的垄断行为,在违法构成要件上的相似性,使得两者间呈现为一种典型的竞合关系。 First, the “Anti-Unfair Competition Law,” the competition between competition and monopoly behavior of the co-opetitive relationship “Anti-Unfair Competition Law,” the provisions of the restricted competition mainly include five types: public enterprises or other legally monopolistic operators Limited transactions; the government and its departments to limit the transaction; operators sell less than cost; operators tying goods or attach an unfair trading conditions; Collusive bidding behavior. The similarities between the above-mentioned restrictions on competition and the monopoly behaviors to be regulated by the “Anti-monopoly Law” on the elements of the law of breach make the two present a typical competing relationship.