Theory Of The Right Of Fair Competition Competition Law Protection

The market economy is a competitive economy. Competition promotes the development of market economy. However, the presence of the anti-competitive behavior hamper the progress of economic society. Fair competition is an inevitable requirement of market economy. The legal protection of the fair competition not only to protect the operators of their own interests, but also to protect the interests of the whole society. It is an effective measure to overcome the market failure, also an effective means to overcome the government failure. The legal recognition of the right to fair competition, not only can make up for the legal gaps, but also to promote the development of China’s rights-based society. Fair competition right is a special private right. In the present of our country, it is in the stage from natural right to legal right. The essence of fair competition right is the operators accept a reasonable limitation of the law and the operators reasonable use of their enjoyment of the right of competition. The object of the fair competition right, including two levels, both the operators individual interests and the interests of the whole society. It is specific capabilities including the competition right to equality of opportunity with the right to obtain relief. In order to better protect fair competition right, the current competition law system should be reformulated from the following aspects:It should be confirmed explicitly that the operators enjoy the fair competition right in the law. An independent anti-monopoly law enforcement institution should be set up. The civil liability should be strengthened in the anti-monopoly legislation. The civil liability forms should be clearly in the anti-monopoly legislation. Establish the litigation against unfair competition, which allows the operators and the procuratorial organs and perform the functions of law enforcement organizations filed antitrust lawsuits against unfair competition.