中小企业促进与反垄断法

Anti-Monopoly Law and the Promotion of Intermediate or Small-Scaled Enterprises

促进中小企业的发展从根本上在于依靠反垄断法建立有利于中小企业参与竞争的良好的竞争机制。从西方国家反垄断法的情况来看 ,其对企业合并的控制、对滥用市场支配地位行为的禁止、对限制竞争协议的规制以及其他一些反垄断法规范无一不对中小企业的发展起着直接或间接的作用。我国目前对促进中小企业发展的措施在认识上存在偏差 ,应当以反垄断法为重点 ,并尽早出台有利于中小企业发展的《反垄断法》。

The development of intermediate or small-scaled enterprises relies fundamentally on the good mechanism of competitions, maintained by anti-monopoly law, benefiting the enterprises supra to participating in competitions. As far as the anti-monopoly laws of the Western Countries are concerned, none of the provisions of these laws, such as controlling over the merging of enterprises, prohibition on the abuse of market dominion, controlling over the agreements on limitations on competitions and other provisions, hasn't direct or indirect functions on the development of the enterprises supra. The measures to develop the enterprises supra, of which there are some deviations on the cognition at present, should emphasize on anti-monopoly law. The Anti-monopoly Law of China, which will help the development of the enterprises supra, should be adopted as soon as possible .