Legal subjectivity:
1. Legislative purpose. The Anti-Unfair Competition Law mainly opposes the behavior of operators who, for the purpose of competition, violate the principles of good faith and recognized business ethics in market transactions, and use unfair means to seize the competitive advantage of others. Therefore, it first protects the interests of bona fide operators harmed by unfair competition in order to maintain the market order of fair competition. In this sense, the value concept pursued by the Anti-Unfair Competition Law is fair competition. Antitrust laws are based on maintaining the competitiveness of the market, and the purpose is to ensure that there are enough competitors in the market so that counterparties and consumers have the right to choose goods in the market. According to the theory of anti-monopoly law, only when a monopoly or monopoly trend appears in the market can the government intervene in the market. The purpose of intervention is to reduce market concentration and adjust the market structure. Therefore, in summary, the value concept pursued by the antitrust law is free competition, with the purpose of ensuring the right of enterprises to freely participate in market competition and improving economic efficiency and the social welfare of consumers. 2. Regulation objects. The anti-unfair competition law mainly focuses on the competitive behavior among enterprises in the market, with the purpose of stopping unfair competition; the anti-monopoly law focuses on the coordinated behavior among competitors, with the purpose of preventing the formation of competition-eliminating or serious A situation that restricts competition. Therefore, an act that violates antitrust laws, such as competitors agreeing on the price of goods or services, does not violate the anti-unfair competition law because it does not harm the interests of any competitor. On the other hand, unfair competition behaviors such as counterfeiting trademarks or counterfeiting patents will not affect the market competition structure or reduce the number of competitors in the market, and antitrust laws will not consider them illegal. Of course, the Anti-Monopoly Law also contains some regulations on corporate market behavior, especially provisions prohibiting the abuse of market dominance, such as prohibiting such companies from engaging in tying or price discrimination. However, the antitrust law prohibits these behaviors not because these behaviors are unfair or unfair (of course these behaviors are unfair or unfair), but because these behaviors will strengthen the market dominance that the perpetrator has achieved and thus worsen the market. on the competition conditions. Therefore, the anti-monopoly law’s rules on corporate market behavior only target large companies with dominant market positions. Legal objectivity:
Article 2 of the "Law of the People's Republic of China and the State Against Unfair Competition" Operators shall abide by the principles of voluntariness, equality, fairness and good faith in production and business activities, and abide by laws and regulations Business ethics. The term "unfair competition" as mentioned in this Law refers to the behavior of operators that violate the provisions of this Law, disrupt the order of market competition, and damage the legitimate rights and interests of other operators or consumers during production and business activities. Operators as mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production and operation of goods or the provision of services (hereinafter referred to as goods include services).