The promulgation of the Anti-Monopoly Law is conducive to safeguarding the interests of consumers and the public. Monopoly will lead to market failure and harm the interests of all participants in the market economy, including ordinary consumers. Anti-monopoly law corrects market failure through state intervention, makes the market operation mechanism work normally and safeguards the overall interests of society. At the same time, the overall interests of the society safeguarded by the anti-monopoly law are the net economic growth generated by the normal operation of the market mechanism, not the sum of the interests of a single or several producers and consumers, but the development of the whole society. The anti-monopoly law not only takes "safeguarding consumers' interests and social public interests" as its mission at the beginning of the first article, but also embodies this spirit in many system designs. Looking at the relevant regulations, although many of them seem to have the purpose of restricting competition or can have the consequences of restricting competition, their substantive purpose is beneficial to the overall economic interests or social public interests.
The promulgation of the Anti-Monopoly Law is conducive to protecting fair competition, encouraging innovation and development, and forming a harmonious and orderly competitive environment. Anti-monopoly law does not restrict the freedom of producers and operators in market activities. On the contrary, it protects and expands the freedom rights of operators in market activities by restricting and preventing market forces, opposing unfair market behaviors, and removing obstacles to entering the market, thus achieving the functions of encouraging innovation, promoting free competition and optimizing resource allocation. At present, some enterprises have not formed economies of scale, and some enterprises abuse their dominant market position to monopolize the market. The effective way to solve this problem, in addition to implementing the development strategy of large companies and groups, developing economies of scale as soon as possible and improving competitiveness, is to formulate anti-monopoly laws to promote and ensure the development and growth of various enterprises in fair competition, and at the same time prevent monopoly from stifling competition after the formation of large enterprises, thus promoting the formation of the mechanism of survival of the fittest and the transformation of economic growth mode, and providing effective legal protection for them. The anti-monopoly law promulgated this time not only has clear and specific provisions on monopoly agreements, abuse of dominant market position and concentration of operators, but also has relevant provisions on monopolistic behaviors such as monopoly by trade associations, exclusion of abuse of administrative power and restriction of competition, so as to comprehensively deal with various monopolistic behaviors in economic life.
2. Negative effects
The promulgation of the Anti-Monopoly Law is conducive to breaking all kinds of economic monopolies and so-called administrative monopolies in the process of China's market economy construction and creating an orderly competitive environment. However, whether this law with industrial economic environment as the main body can adapt to the operation of modern market economy, especially network economy, and achieve the purpose of protecting market competition and standardizing competition order needs in-depth investigation and analysis from the theoretical and practical levels, and it needs to be continuously improved from the scientific path. The value orientation of anti-monopoly law is biased. The Anti-Monopoly Law is not operable.
Legal basis: Anti-monopoly Law of the People's Republic of China.
Article 1 This Law is formulated in order to prevent and stop monopolistic behaviors, protect fair competition in the market, improve the efficiency of economic operation, safeguard the interests of consumers and the public, and promote the healthy development of the socialist market economy.
Article 55 This Law shall not apply to the acts of business operators in exercising intellectual property rights in accordance with laws and administrative regulations relating to intellectual property rights; However, this Law shall apply to the acts of business operators who abuse intellectual property rights and exclude or restrict competition.
Article 56 This Law shall not apply to the joint or cooperative activities of agricultural producers and rural economic organizations in the production, processing, sale, transportation and storage of agricultural products.