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经营者集中有两面性,一方面可以促进经济运行效率,最终给消费者带来福利,另一方面也会加大滥用市场支配地位的风险,破坏市场竞争秩序。鉴于此,反垄断法律对经营者集中采取一定宽容的态度,没有一概加以限制,而是设定一些标准,在权衡利弊的基础上加以批准或禁止。反垄断法由此出现立法价值多元化的趋势,除了保护竞争秩序这个核心价值,也注重保护效率和社会公共利益等多元价值。正是基于前述价值之间的权衡,反垄断审查出现了破产企业抗辩制度。
Concentration of operators has two sides, on the one hand can promote the efficiency of economic operation, and ultimately bring benefits to consumers, on the other hand will increase the risk of abuse of market dominance, undermine the order of market competition. In view of this, the antitrust law does not necessarily restrict the operators to a certain degree of concentration, but sets some standards and approves or prohibits them on the basis of weighing the advantages and disadvantages. As a result, the antitrust law has the tendency of diversifying legislative values. In addition to the core value of protecting the order of competition, the antitrust law emphasizes multiple values such as protection efficiency and public interests. It is based on the trade-off between the aforementioned values that antitrust scrutiny has emerged as a defense of insolvency firms.