低价竞争的立法刍议——兼评《反不正当竞争法》新规定

Path Choice of Low Price Competition Legislation——Comment on the New Provisions of Anti-Unfair Competition Law

价格竞争必须遵守经济规律、价值规律、价格机制以及相关法律规定和商业伦理道德。实践中,低价竞争不可避免存在不正当低价竞争和价格垄断等违法行为。由于对低价竞争认知和定位存在误区,以及法律实践的困境,我国学界多数学者都不主张对除掠夺性定价之外的低价竞争进行竞争法的立法规范。亏本贱卖无利可图但扭曲了竞争机制,破坏了公平的竞争秩序,阻碍行业的健康发展,损害消费者利益,是资金优势和自主定价权的滥用。为维护公平自由的低价竞争秩序,除了价格监管法之外,竞争法对低价竞争的规范具有重要的意义,应完善相关的立法。

The price competition must abide by the economic law,the law of value,the pricing mechanism,the relevant legal provisions and the business ethics. In practice,it is inevitable to result in unfair low price competition and price monopoly or other illegal activities because of low price competition. Due to the misunderstanding of low price competition cognition and positioning as well as the plight of legal practice,most scholars in our academic circles do not advocate the legislative norms of competition law for low price competition other than predatory pricing. To sell at a loss with unprofitability distort competition mechanism and undermine a fair competitive order,impede the healthy development of the industry and undermine the interests of consumers. They are an abuse of financial advantages and independent pricing power. In order to maintain a fair and free low-price competition order,apart from the price regulation law,the competition law is of great significance to the regulation of low price competition and the relevant legislation should be perfected.