论竞争法视阈下消费者保护的系统比较

On the System Comparison of Consumer Protection from the Perspective of Competition Law

在市场经济中,经营者与消费者历来相伴而生。但相较于经营者的地位而言,消费者往往更加弱势,这就使得消费者保护具有重大价值。为了更好保护消费者并满足消费者需求,竞争法主要从保护竞争着手,遵循由整体到个体的保护原则实现消费者保护,以此达成竞争者利益、消费者利益和社会公共利益三元叠加的衡平目标。其中,反不正当竞争法完成了现代化的跨越,由侵权法的特别法发展到将消费者保护视为是竞争行为正当与否的独立判断依据。而反垄断法自诞生伊始便注重消费者保护,始终通过规制垄断行为来促进消费者福利的提升。但与此同时,反不正当竞争法与反垄断法保护消费者的角度并不一致,反不正当竞争法旨在整体性保护一般消费者,而反垄断法则以完美消费者为前提向消费者提供间接性的长期保护。

In the market economy,operators and consumers have traditionally lived side by side.However,compared with the position of the operator,consumers are often more vulnerable,which makes consumer protection of great value.In order to better protect consumers and meet their needs,the competition law mainly starts from the protection of competition and follows the principle of protection from the whole to the individual to realize consumer protection,so as to achieve the equalization goal of the overlapping of the interests of competitors,consumers and social public interests.Among them,the anti-unfair competition law has completed the modernization leap,from the tort law of the special law to the consumer protection as an independent basis for judging whether the competition behavior is justified or not.Since its birth,anti-monopoly law has paid attention to consumer protection and promoted consumer welfare by regulating monopolistic behavior.But at the same time,the anti-unfair competition law and the anti-monopoly law protect consumers from different angles.The anti-unfair competition law aims to protect general consumers as a whole,while the anti-monopoly law provides indirect long-term protection to consumers on the premise of perfect consumers.