竞争政策与其它产业政策之关系研究: 兼论我国《反垄断法》之相关修改

Research on the relationship between competition policy and other industrial policies:Also on the relevant amendments to"Anti-Monopoly Law"

与我国诸多学者的研究不同,本文将以反垄断法为主体的竞争政策视为产业政策的一种。本文第一部分将产业政策从广义上分为定向性、横向性和纠正性政策等三类,而竞争政策属纠正市场失灵的产业政策。第二部分研究竞争政策与其他产业政策的关系,指出定向性产业政策是与竞争政策冲突最直接也是最多的政策,另外横向性政策和其他纠正性政策与竞争政策也有冲突,并提出解决方案。第三部分则结合日本和欧美的经验来分析产业政策在不同时期的演变,指出只专注定向性政策而忽略竞争政策的教训,也分析了当前西方国家以横向性政策和竞争政策作为主要产业政策的趋势。最后一部分结合《反垄断法》分析我国目前竞争政策与其他产业政策的关系,并提出改进建议。

This paper focuses on the relationship between competition policy as a kind of industrial policy and other industrial policies.Like Japan and Korea,China is one among the countries which use industrial policies to influence the economic growth most frequently and actively.Considering the great difference in purposes and policy tools between various industrial policies,it’s necessary to identify the co-relationship between competition policy and other industrial policies.In the fi rst part,three categories of industrial policies are compared and the competition policy is regarded as a kind of remedial industrial policy.Then,in the second part,the potential confl icts between competition policy and other industrial policies are identified and the corresponding resolutions are offered.In the third part,the evolution of industrial policies in Japan,EU and America is analyzed to lead to two findings.The first one is that the competition policy should play an important role in restricting the negative effect of other industrial policies.The second one is that in current western countries,the tendency is to use competition policy and horizontal policy as the substantial part of industrial policies.In the fi nal part,combining with the fi ndings in the former three parts,the relevant rules concerning the relationship between competition policy and other industrial policies in China’s Anti-monopoly Law are examined and improvement suggestions are offered.