The policy shift from the priority of industrial policy to strengthening the fundamental position of competition policy is a radical change in the way of national economic governance,which aims at giving full play to the regulatory role of Anti-Monopoly Law on government interventions,and ensuring that other policies such as industrial policy are consistent with competition policy.To constrain one intervention with another,means that the improvement of the actual status and the expansion of the function of the Anti-Monopoly Law relies on the authority of the Constitution,and cannot overstep the authorization of the Constitution,avoiding pushing it to the position of absolute priority,and improperly weakening other government interventions at the same time.The accurate legal implication of this proposition is the reorganization of the legal order of the cross-departmental laws oriented by competition.From the protection of fundamental rights to the respect for autonomy of private law,and then to the consideration of the economic rationality of government interventions,and ultimately to the concentration on ensuring the overall legitimacy of the economic order,the Anti-Monopoly Law returns to the status of"economic constitution"and forms restrictions on other public policies during the dialogue with the Constitution,the Civil Law,and the Administrative Law.Based on and also beyond the Anti-Monopoly Law,the effective implementation of this top-level design requires the concepts,the standards and the tools of Anti-Monopoly Law to guide the construction of the entire regulatory system,and more other laws to make up for the limitations of the Anti-Monopoly Law,which jointly create conditions for maintaining and strengthening competition.
competition policyfundamental positioneconomic constitutionfundamental rightsfreedom of competition
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