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我国经济体制改革的目标是建立社会主义市场经济体制。在现代市场经济中,市场机制对社会资源的优化配置发挥基础性调节作用,国家宏观调控用于弥补、克服市场调节的缺陷和偏颇,而法制则对市场经济的健康、有序运行发挥着不可替代的引导、规范、调整、保障和促进功能。本文仅就我国反垄断立法的有关问题作如下探讨。制定反垄断法是市场经济健康发展的客现要求我国在发展市场经济中已经出现了垄断行为。由于竞争存在着的负作用以及市场主体自利本能的驱动,在市场活动中主体破坏公平竞争的垄断行为已不可避免。目前我国已出现了比较明显的垄断行为,一是行政性垄断较为突出,政府主管机关滥用行政权,排斥或限制竞争,主要表现为行政性公司所形成的垄断和地区垄断,其实质是政府权力参与经济活动,用政府权力人为地制造垄断,严重影响了各种生产要素的合理流动和优化组合,妨碍了市场经济的健康发展。二是经济性垄断已客观存在,有的企业联合召开同一产品的信息交流会,决定共同调整某一产品的价格;有的行政性公司目前已经发展成为具有很高的市场占有率的垄断企业,形成经济性垄断。
The goal of China’s economic reform is to establish a socialist market economy. In the modern market economy, the market mechanism plays a fundamental regulatory role in the optimal allocation of social resources. The state macro-control plays a part in remedying and overcoming the defects and biases in market regulation. However, the legal system plays a role in the healthy and orderly operation of the market economy Alternative guide, regulate, adjust, safeguard and promote function. This article only discusses the relevant issues of antitrust legislation in our country. The formulation of the antitrust law is a good example of the healthy development of the market economy. China has demanded that monopolies have emerged in the development of a market economy. Owing to the negative effects of competition and the self-interest instinct of market players, the monopoly of the main body in the market activities that undermines fair competition is inevitable. At present, there are obvious monopolistic behaviors in our country. One is that the administrative monopoly is more prominent. The competent government authorities abuse the executive power to exclude or restrict the competition. The monopoly and the regional monopoly formed by the administrative company are mainly manifested in the government power Participating in economic activities and using the power of the government to manufacture monopolies has seriously affected the rational flow and optimization of various factors of production and hindered the sound development of the market economy. Second, the economic monopoly has an objective existence. Some enterprises jointly hold the information exchange meeting of the same product and decide to jointly adjust the price of a certain product. Some administrative companies have now developed into monopoly enterprises with a high market share, Formation of economic monopoly.