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在司法实践中,竞争关系的认定出现了由狭义的同业竞争关系向广义的竞争关系演化的过程。对竞争关系的宽泛解释使竞争关系的认定显得不那么必要。但是通过对实践的考察可以发现,广义竞争关系界定的意义在于明确反不正当竞争法所调整的法律关系与其他民事法律关系的区别,对其定义也应建立在此基础之上。在相当一部分案件中,狭义的同业竞争关系的认定仍然对是否构成不正当竞争行为以及经营者是否具有诉权有重要意义。
In the judicial practice, the cognizance of competitive relations appeared the process of evolution from the narrowly inter-firm competition to the generalized competition. A broad interpretation of competition does not make the identification of competition less necessary. However, through the investigation of practice, we can find out that the definition of broad-based competition is to clarify the difference between the legal relationship adjusted by the Unfair Competition Law and other civil laws, and its definition should also be based on this. In a considerable number of cases, the narrow definition of the same industry competition still has important significance on whether it constitutes unfair competition and whether the operator has the right to sue.