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反垄断法是规范市场行为、维护竞争秩序的“经济宪法”。垄断行为,一般都为各国法律所禁止,但也不是绝对的,由此而产生的反垄断法适用除外制度是一项重要的法律制度。随着市场经济在我国的建立和发展,垄断和反垄断的问题也越来越得到了人们的重视,许多过去被列为反垄断法适用除外的行业现在也都引入了竞争机制。尤其在全球经济一体化、知识经济的背景下,对合法垄断的界定及反垄断法适用除外制度的原则、价值取向等问题的认识显得尤其必要。
Anti-monopoly law is to regulate market behavior, maintain the order of competition “Economic Constitution.” Monopolistic behavior is generally prohibited by the laws of various countries, but it is not absolute. The resulting exception to the anti-monopoly law is an important legal system. With the establishment and development of the market economy in our country, the issue of monopoly and antitrust has drawn more and more attention. Many industries that were excluded from the application of the antitrust laws in the past have now introduced a competition mechanism. Especially in the context of global economic integration and knowledge-based economy, it is especially necessary to understand the definition of the legal monopoly and the principle of applying the exclusionary system and the value orientation of the anti-monopoly law.