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竞争法与环境法有着共同的终极追求,但也各有着不同的、现实的立法目标,作为两者连接点的环境型垄断协议,必须得到充分且科学的界定,否则难以真正协调环境保护与维护竞争的关系,而可持续发展也无法得到真正的法律实现。通过对生产者责任延伸规则下废品共同回收协议的考察,可以判断在反垄断法中采取环境型垄断协议豁免的方式,既能够达到保护环境的目的,又能够平衡环境政策和竞争政策的冲突。
However, competition law and environmental law have common ultimate pursuit. However, they all have different and realistic legislative goals. As an environmental monopoly agreement that connects the two, it must be fully and scientifically defined, otherwise it is difficult to truly coordinate the environmental protection and maintenance Competition, and sustainable development can not get the real legal realization. By examining the agreement on common waste recycling under the extension of producer responsibility rules, we can judge whether the mode of exemption from environmental monopoly under antitrust law can not only achieve the purpose of environmental protection but also balance the conflict between environmental policy and competition policy.