On The Relationship Between Antitrust Law And Unfair Competition Law

Antitrust law and unfair competition law are both very important laws regulating the competitive conduct of the parties on the market. Because the two laws are generally enacted in different time, have different legislative purposes and the origin of antitrust law is of a totally different nature than the law of unfair competition, at first there is a strong separation between them. No one pays attention to the relationship between the two laws. They have developed separately in their own ways. Until the conflicts between the two laws are more and more serious, people have started the studies on the relationship between them, and always attend interestedly to the debate. This article summarizes the contents of the two laws, analyses their common and special characteristics, overlap and collision. Along with development of the two laws, there are lots of changes. For example, the provisions of them have changed, the values have infiltrated, the functions have integrated with each other, the protecting competition criterion has been set up and the public power has intervened unfair competition etc. It is remarkable to see the integration of the two laws. Through the economic reform, Taiwan's competition system has been built, which is very similar to mainland China. Taiwan 'Fair Trade Competition law'include both antitrust law and unfair competition law, whose pattern of legislation is seldom seen in the current world. The analysis on its advantages and disadvantages is benefit on our country's competitive legal system's building. According to the theory of relationship of the two laws, the experience of Taiwan and the current situation of China, we had better choose the traditional separated pattern of legislation. But legislators and judges have to stand at a higher level. The unitary concept "competition law"should be set up. And also through the design of legislation and procedure, the collision between the two laws can be workably avoided.