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现代市场经济中的经济竞争关系与传统小商品经济中的经济竞争关系存在质、量、度上的显著差异。反垄断法规制的竞争关系是一种新型竞争关系,其本质是一种财富创造力实现的竞争关系,是发生在生产领域中的经济竞争关系在市场交换领域的延续与反映。我国反垄断法所调整的竞争关系的本质决定了应在“以人为本”精神指导下,设计我国反垄断法规制对策。而我国社会主义市场经济竞争的诸多自身特质决定了在《反垄断法》中应加入禁止官商恶意垄断、禁止掠夺性并购等禁止性条款。
There are significant differences in the quality, quantity and degree of the economic competition in the modern market economy and the economic competition in the traditional commodity economy. The competition of antitrust laws and regulations is a new type of competition. The essence of competition is the competition between the realization of wealth and creativity and the continuation and reflection of the economic competition in the field of production in the field of market exchange. The essence of the competition relations adjusted by China’s antitrust law decides that under the guidance of the “people-oriented” spirit, the countermeasures for the design of China’s antitrust law should be designed. However, the many characteristics of the competition in our socialist market economy determine that prohibitions such as the prohibition of malicious monopoly by government officials and the prohibition of predatory mergers and acquisitions should be added to the AML.