1, legislative purpose. Anti-unfair competition law mainly opposes the behavior of operators who violate the principle of good faith and recognized business ethics in market transactions for the purpose of competition and seize the competitive advantage of others through unfair means. Therefore, it first protects the interests of bona fide operators who are harmed by unfair competition, so as to maintain the market order of fair competition. In this sense, the value concept pursued by the anti-unfair competition law is fair competition. Anti-monopoly law is based on maintaining the competitiveness of the market, aiming at ensuring that there are enough competitors in the market and giving counterparties and consumers the right to choose goods in the market. According to the theory of anti-monopoly law, the government can only intervene in the market when there is a monopoly or monopoly trend. The purpose of intervention is to reduce market concentration and adjust market structure. Therefore, in a word, the value concept pursued by anti-monopoly law is free competition, and its purpose is to protect the right of enterprises to participate in market competition freely and improve economic efficiency and social welfare of consumers. 2. The object of regulation. Anti-unfair competition law mainly aims at the mutual competition among enterprises in the market, with the aim of stopping unfair competition; Anti-monopoly law focuses on the coordinated behavior between competitors, with the purpose of preventing the formation of a situation that excludes or seriously restricts competition. Therefore, an act that violates the anti-monopoly law, such as the price of goods or services agreed between competitors, will not violate the anti-unfair competition law because it does not harm the interests of any competitor. On the other hand, unfair competition such as counterfeiting trademarks or patents will not affect the market competition structure and reduce the number of competitors in the market, and the anti-monopoly law will not regard it as illegal. Of course, there are also some norms in the anti-monopoly law on the market behavior of enterprises, especially the provisions prohibiting the abuse of market dominance, such as tying or price discrimination of such enterprises. However, the anti-monopoly law stops these behaviors not because they are unfair or improper (of course, these behaviors are unfair or improper), but because they will strengthen the dominant position of the actors in the market, thus worsening the competitive conditions in the market. Therefore, the provisions of the anti-monopoly law on the market behavior of enterprises are only aimed at those large enterprises with dominant market position.
Legal objectivity:
Law of People's Republic of China (PRC) on Anti-Unfair Competition Article 2 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credit, and abide by laws and business ethics in their production and business activities. Unfair competition as mentioned in this Law refers to the acts of business operators in violation of the provisions of this Law, disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers. Operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services (hereinafter referred to as commodities, including services).