关键词：反垄断法 规模经济 有效竞争 经济效率 应用
Abstract: The fifth article of Anti-monopoly Law is one of the fundamental principles and dual goals in China’s antitrust law. This article is enacted to encourage the development of workable competition and economies of scale. Economies of scale refers to the economic phenomenon in which reduced enterprise operating costs and increased economic benefits are realized through reasonable production and expansion of scale. There are two kinds of scale economy, namely external economies of scale and internal economies of scale. The anti-trust law places more emphasis on protecting the latter— the positive impact economies of scale have on the economic efficiency of whole society. Protecting economies of scale is in accord with protecting effective competition and increasing economic efficiency. Therefore, protecting scale economy is in keeping with the theme of anti-monopoly law. The principle in Anti-monopoly Law, which encourages workable competition in the development of scale economy, is beneficial to form, to supplement and to interpret specific provisions.
Key words: Anti—Monopoly Law, Economies of Scale, Workable Competition, Economic Efficiency, Application...