论反垄断法中竞争内涵的界定

A Study on the Definition of the Competition Connotation in Anti-monopoly Law

反垄断法的立法目的在于保护市场公平竞争,因此,公平竞争的保护是整部反垄断法的核心,我国《反垄断法》并未明确对竞争的内涵进行界定。古典及新古典经济学派关于竞争内涵的界定,因理念的不同存在相当的差异,且在实务的运用上均存有一定的限制。从更为务实的角度出发,竞争内涵可区分为品牌内竞争与品牌间竞争、市场竞争与产业竞争、外国竞争与潜在竞争、横向竞争与纵向竞争等分类,并在反垄断法的条文中有具体的展现。

The anti-monopoly law aims to protect the fair competition of the market and therefore the protection of fair competition is the core of the whole Law. However, China’s Anti-monopoly Law does not clearly defne the connotation of the competition. As to the defnitions of the competition connotation by classical and neo-classical economia schools, there exist plenty of variations due to the different ideas and some restrictions on the application of practice. From a more practical perspective, the connotation of competition can be classifed into four catigories： intra-brand competition and inter-brand competition, market competition and industry competition, foreign competition and potential competition, horizontal competition and vertical competition, which are displayed in the specifc articles of the Anti-monopoly Law.