反垄断法价值理论的重构——以竞争价值为视角

我国法学界以经济学上的有效竞争理论诠释反垄断法上竞争的含义,视竞争为圭臬,将竞争作为反垄断法特有的法律价值和传递其他价值的手段的观点有失偏颇。竞争价值对反垄断法所要调整的经济现象并不具有完全的解释力。竞争理论、交易费用经济学以及管制经济学都应当成为影响反垄断制度供给的理性认识;因此,有必要对反垄断法价值理论进行重构。

On the Reconstruction of the Theory of Legal Values of Anti - trust Laws--From the Angle of Values of Competition

Jurists in China tends to use the workable competition theory in economics to interpret competition in anti- trust laws. They take competition as a standard and conclude that in anti- trust laws, competition possesses a particular legal value and serves as a means to link with other values. In these authors' opinion, this position seems to be a little partial. The value of competition cannot be used to interpret all matters that are subject to the regulation of anti- trust laws. Rather, the theory of competition, transaction- cost economics and control economics should all serve as "rational cognition" to exert an impact upon anti- trust laws. Thus, it is necessary to reconstruct the theory of legal value of the anti- trust law.