新时期反垄断理念演变、欧美模式比较及启示

Evolving Antitrust Philosophies and Comparisons of European and American Models and Its Enlightenments in the New Era

产业组织和反垄断经济理论对反垄断立法执法具有深刻的影响,并借此对经济社会发展乃至国家(产业)竞争力产生重要影响。本文系统梳理产业组织和反垄断理论演变历程及其学术批判,并阐述欧盟与美国反垄断的理念差异及其启示。以市场结构为中心的哈佛学派和新布兰代斯学派要么缺乏理论基础、要么理论体系不成熟而受批判。(后)芝加哥学派强调通过经济行为分析实现经济效率,为反垄断政策提供诸多新洞见,但被指轻视企业家精神和忽视研发创新。奥地利学派和(后)芝加哥学派都信奉市场、主张自由放任和取消政府管制。美国反垄断法重视研发创新、动态竞争和产权保护;欧盟反垄断体系延续秩序自由主义理念,强调静态的竞争秩序和经济效率。中国要想在国际竞争中博得更有利位置,必须警惕步欧盟后尘,重视研发创新和产权保护。

Against the continuous horizontal spread and vertical penetration of digital technology,digital ecosystems are fragmented,causing concerns about excessive concentration and lack of competition in digital platforms.Mean⁃while,traditional antitrust wisdom and institutional systems are being challenged.multiple jurisdictions around the world are actively taking action to respond to the digital era.How to promote the effective implementation of anti⁃monopoly systems in digital platforms,and effectively balance the relationship among innovation,development,and regulation of digital platforms,is an important issue that urgently needs to be addressed.This paper is based on a literature review and historical evolution,summarizes the internal disputes and evolution of important academic judgments related to industrial organization and antitrust economic theory.It briefly elaborates on the differences and effects between the US and the European Union(EU),and provides constructive insights and suggestions.The study points out that(unidirectional)structure-conduct-performance(SCP)paradigm refined by Harvard School,with market structure as the core,pursuing economic efficiency.New Brandeis School also emphasizes market structure,but pursues competition order from a more macro perspective,highlighting other non⁃economic considerations such as politics and society.Harvard School and New Brandeis School,are respectively criticized for lack of micro⁃economic theoretical foundation and immaturity of theoretical system.Chicago School,based on game theory and information economics,emphasizes achieving economic efficiency through behavioral analysis,providing intelligent support for antitrust policies.Post⁃Chicago School has been criticized for its game model being infinite and its conclusions not being robust enough,and has been fiercely criticized by Austrian School for neglecting entrepreneurial spirits and research and innovation.Austrian School and Post⁃Chicago School,hold a similar philosophy to believe in the market,advocate for laissez⁃faire and abandon regulation.The antitrust system in US jurisdictions places greater emphasis on R&D innovation,dynamic competition,and property rights protection,which is an important reason for the frequent and emerging innovation activities and emerging scientific and technological innovation companies in the US.The EU’s antitrust system emphasizes static competitive order and short⁃term efficiency,to some extent leads to EU’s innovation activities far inferior to US’s.A comparative study of antitrust models in Europe and America shows that in order for China to occupy a more advantageous position in international competition,it must be vigilant to follow the footsteps of the EU,and timely update competition concepts.It is necessary to emphasize the strategic importance of dynamic efficiency,R&D innovation,and property rights protection.Therefore,China should re⁃examine scientific implementation of antitrust in current international economic and political turmoil,especially against the backdrop of isolation and blockade by the US.The research in this paper supports rationality of new anti⁃monopoly law’s legislative purpose of encouraging innovation.Meantime,based on disputes and comparative analysis of European and American models,suggestions are to prevent excessive learning from EU practices,highlight dynamic efficiency and innovation considerations,and weaken consideration of competition order.