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市场经济的核心是健康、有序的商品竞争,而商品竞争最主要的保障是竞争法,竞争法是调整竞争关系及与其密切联系的其他社会关系的法律规范。作为我国打击不正当竞争行为、管理各市场主体经济活动的主要法律,《反不正当竞争法》一直起着相当大的作用。但是近年来以腾讯与奇虎的“3Q之战”为典型代表的恶性竞争不断上演,严重扰乱了正常的市场秩序。为此,我们有必要重新审视反不正当竞争的重要性,研究如何利用现有法律,最大限度地保护本企业利益不受侵害。
The core of market economy is healthy and orderly commodity competition. The most important guarantee of commodity competition is competition law. Competition law is the legal norms of adjusting other social relations of competition and its close relationship. As the main law of our country to combat unfair competition and manage the economic activities of the main players in all markets, the Anti-Unfair Competition Law has always played a significant role. However, in recent years, the vicious competition represented by Tencent and Qihoo’s “Battle of 3Q” has been constantly staged, seriously disrupting the normal market order. Therefore, it is necessary for us to re-examine the importance of anti-unfair competition and to study how to use existing laws to protect the interests of our enterprises to the maximum extent possible.