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一、《反不正当竞争法》存在问题与不足 我国的《反不正当竞争法》虽是一部较好且来之不易的法律,但存在的问题与不足也是明显的。笔者以为,它主要表现在以下五个方面: 第一,《反不正当竞争法》有重视反不正当竞争而轻视反垄断的倾向。诚然,对反垄断和反不正当竞争,在国际上有两种立法方式,一种是将两者合二为一,制订在一部法律中,另一种是对反垄断和反不正当竞争分开立法。但是,笔者认为我国的《反不正当竞争法》采用了第一种立法方式,理由是,在该法第二章第五条至第十五条中,包含了反垄断的内容。因此,作为一部含反垄断的法律,却对诸如“禁止市场经济主体的联合拒购联合拒销行为;禁止公司非法兼并;禁止商业中竞业行为;禁止交叉董事”等内容不作规定,不能不说是立法者立法上短视行为。事实上,我国目前一些带有托
First, the “Anti-Unfair Competition Law,” the problems and deficiencies Although China’s “Anti-Unfair Competition Law” is a good and hard-won law, but the problems and deficiencies are obvious. In my opinion, it is mainly manifested in the following five aspects: First, the Anti-Unfair Competition Law has the tendency of emphasizing anti-unfair competition and despising antitrust. Admittedly, there are two kinds of legislative approaches in the international arena for antitrust and anti-unfair competition. One is to combine the two into one, formulate one law, and the other is to guard against antitrust and unfair competition Separate legislation. However, the author believes that China’s “Anti-Unfair Competition Law” adopts the first type of legislation on the grounds that Article 5 to Article 15 of Chapter 2 of the Law contains the content of antitrust. Therefore, as an anti-monopoly law, it does not provide for such things as “Prohibition of Joint Rejection of Joint Market Redemption, Prohibition of Unfair Merger by Companies, Prohibition of Non-competition in Business, Prohibition of Crossing Directors,” etc. Not to mention legislator’s legislation on short-sighted behavior. In fact, some of our country now have carers