经济全球化背景下竞争法、产业法与反倾销法的冲突与协调

产业法在宏观上调整产业结构的合理布局、协调产业组织的关系,竞争法在微观上给竞争主体提供公平的竞争机制,二者相互配合,共同保障经济的健康运行。反倾销法是产业政策在国际贸易领域的延伸和实现,它吸收了竞争法的公平竞争理念、维护公平竞争,但在全球自由贸易盛行的背景下,它又转而走向公平竞争的反面,成为贸易保护的重要手段,遏制竞争。这不论与本国产业还是他国产业都有冲突,因此,要加强三者的协调。但在国际上,不论从竞争法还是反倾销法角度作出的协调的理论与实践都有缺憾,出于维护我国利益的考虑,我国在完善这三部法律时要加强三者的协调。

Conflicts and Coordination of Competition Law, Industry Law and Antidumping Law On the Background of Economic Globalization

The industry law regulates macroscopically rational allocation of the industry structure and the relations of industry organizations. It also provides the fair competition mechanism for main competition bodies; they coordinate each other to guarantee the healthy economic functioning. The antidumping law is the extension and fulfillment of industry policies in the domain of international trade; it absorbed the principle of fair competition; when the free trade is popular nowadays, it changes to the opposite of fair competition to be one of important methods of trade protection. However, antidumping law leads to the conflicts not only with the foreign industries but also with the native ones. Therefore, it is important to enforce the coordination among the three. But the theories and practices on the coordination in the world are perfect neither from the angle of competition law nor from that of antidumping law. To protect the benefits of our own country, cooperation of the three laws must be enforced when they are amended.