竞争法产生的原因主要有三个方面,而传统民商法的失灵就是其中之一。在竞争法诞生之前,反竞争行为主要由民法中的侵权法进行调整,民商法与竞争法有着天然的剪不断的联系。二者之间除了一般认识即关于主体的假设、关于市场整体的假设以及关于市场和政府功能的假设不同之外,二者调整竞争关系所要达到的目的也不同。并且,在两种不同类型的案件中,受害人的特定性、取证的复杂程度均有较大差异。民商法更多的是事后救济,竞争法则比较重视事前干预。关于对竞争法与民商法关系的再认识,可以用一句话总结二者的辩证关系,即竞争法来自于民商法,但又超越了民商法。 There are mainly three reasons for the competition law, but the failure of the traditional civil and commercial law is one of them. Before the birth of competition law, anti-competitive behavior was mainly regulated by tort law in civil law, and civil and commercial law had a natural and continuous connection with competition law. Apart from general knowledge of the subject’s assumptions, assumptions about the market as a whole, and hypotheses about market and government functions, the two have different aims to adjust to competition. And, in two different types of cases, the victim’s specificity and the complexity of evidence collection vary greatly. Civil and commercial law is more after-relief, competition rules pay more attention to prior intervention. With regard to the re-understanding of the relationship between competition law and civil law, the dialectical relationship between the two can be summed up in one sentence. That is, the competition law comes from civil and commercial law but goes beyond civil and commercial law.