破产公司原则经过多年的发展已经成为各国企业合并反垄断控制中的重要抗辩,而我国反垄断法对经营者集中仅有涉及公共利益可豁免的笼统规定。因此研究该规则的产生、发展及其理论基础,并探讨其在我国的适用及完善对今后的反垄断法司法实践有重要意义。 After years of development, the principle of bankruptcy companies has become an important defense in antitrust control of the merger of enterprises in all countries. However, antitrust law of our country focuses only on the general provisions that are exempt from the public interest. Therefore, it is of great significance to study the emergence, development and theoretical basis of this rule and to explore its application and perfection in our country for the future judicial practice of antitrust law.