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笔者总结了费肯杰在其著作中对竞争法中“更为经济的方法”表达的观点。总体来说,费肯杰从人类学的视角出发,认为经济学在竞争法中占据了过度重要的地位,欧洲竞争法应当结合其经历和实际状况,对“不甚经济的方法”予以更多的重视。其观点建立在深厚的哲学基础上,认为新古典主义经济学作为竞争法的工作手段是有缺陷的,正义应当处于竞争法的中心地位,竞争法应当关心力量关系、保护弱者不受强者损害等。继之,本文就费肯杰的观点进行了评论,认为费肯杰的一些表述可能导致对其观点的误解,指出费肯杰有关正义在竞争法中的中心地位的观点需要加强论证以取得更多认同,“更为经济的方法”在欧洲的推行是由于经济全球化和欧洲一体化的需要,而不认同欧洲竞争法传统价值的潮流是使费肯杰的主张缺乏广泛认同的原因之一。作者最后得出结论,费肯杰的观点和工作极具价值,竞争法不应当对此忽视。
The author summarizes Fekek’s view of the “more economical method” of competition law in his book. From an anthropological perspective, Finkenberg generally holds that economics plays an overly important role in competition law and that European competition law should, in light of its experience and actual conditions, give “less economical methods” More attention. Its view is based on a profound philosophical foundation that Neoclassical economics is flawed as a means of work in competition law, that justice should be at the center of competition law, that competition law should be concerned with the relationship of power, and that the weak should not be harmed by the strong Wait. Then, the article comments on Finkenberg’s view that some of Finkenberg’s formulations may lead to a misunderstanding of his point of view, pointing out that Feinkenger’s view of justice at the center of competition law needs to be reinforced to justify Many agree that the promotion of “more economical methods” in Europe is due to the need of economic globalization and European integration, but does not agree with the trend of the traditional values of European competition law, which is why Falkenberg’s claim is not widely accepted one. The author concludes that Finkenberg’s values and work are of great value, and competition law should not be ignored.