波兰竞争法及其实施评介:一个转轨经济体的经验和启示

Review on Poland Competition Law:The Experience and Enlightenment of a Transitional Economy

波兰竞争法在经济转轨过程中发挥了重要的作用。尽管它在形式上模仿欧盟模式,但是其制度设计和实施机制都与发达国家存在诸多差异。波兰竞争法的独特之处在于:滥用市场支配地位和纵向限制竞争协议的规则竞合,保护竞争与保护集体消费者利益同步进行,以滥用市场支配地位和纵向限制竞争协议为规制重点,以公用企业为重点审查对象,在竞争执法和司法之外开展行业调查、国家援助控制、竞争宣传和推进等各种措施。波兰经验表明,中国应该更加重视竞争法在经济发展过程中的作用,以政府和国有企业的限制竞争行为为重点规制对象,逐步提升竞争执法机关的独立性和专业性,在竞争执法之外开展普遍的竞争推进措施并积极发挥国务院反垄断委员会的作用。

Poland Competition Law played an important role in the process of economic transition. Although it imitated the European Union model, its system and implementation shows multiple differences compared with developed countries. The overlapping of legal provisions on abuse of dominant market position and monopoly agreements, the simultaneous protection of competition and collective consumer interests, the focus on the regulation of abuse of dominant market position and vertical monopoly agreements, the law enforcement priorities on public enterprises and the performance of measures beyond the law enforcement such as sector inquiries, state aid control and competition advocacy, all form the characteristics of Poland Competition Law. These features not only reflect the general characteristics of transition economies, but also embody the actual conditions of Poland. The experiences of Poland implicate that China needs to pay more attention to the role of competition law in the economic development process, make the anti-competitive behaviors conducted by the governments and state-owned enterprises the key object of law enforcement, gradually improve the independence and professional level of competition law enforcement agencies and take competition advocacy measures in addition to rigid law enforcement as well as give full play to the role of the Anti-monopoly Committee.