我国反垄断法“安全港”规则的适用冲突与协调
Application Conflicts and Coordination of the “Safe Harbor” Rules in China’s Anti-Monopoly Law

在全球反垄断法的发展潮流中，安全港规则的引入已成为一种显著趋势。我国《反垄断法》在修订过程中也对此进行了积极探索，旨在更好地平衡市场竞争的公平与效率。然而，自安全港规则在我国正式入法以来，反垄断法面临着前所未有的挑战。安全港规则，作为反垄断法中的一项重要制度，目的在于通过明确一定条件下的行为豁免，降低企业经营风险，促进市场健康发展。但其实践应用却面临诸多冲突，尤其是在具体的法律适用方面。鉴于此，本文深入探讨我国反垄断法安全港规则的法律适用问题及冲突，以期为相关实践提供有益的参考与指导。通过详细分析安全港规则的适用范围、市场份额标准等关键因素，旨在协调安全港规则在我国的合理适用，从而更有效地维护市场竞争秩序，促进经济社会的持续健康发展。
In the global trend of the development of anti-monopoly law, the introduction of the safe harbor rule has become a remarkable tendency. During the revision process of China’s anti-monopoly law, positive exploration has been carried out in this regard, aiming to better balance the fairness and efficiency of market competition. However, since the safe harbor rule was officially incorporated into the law in China, the anti-monopoly law has faced unprecedented challenges. The safe harbor rule aims to reduce the business risks of enterprises and promote the healthy development of the market by clarifying the exemption of certain behaviors under specific conditions. Nevertheless, its practical application confronts numerous conflicts, especially in terms of specific legal application. In view of this, this paper deeply explores the legal application issues and conflicts of the safe harbor rule in China’s anti-monopoly law, hoping to provide useful reference and guidance for relevant practices. By elaborately analyzing key factors such as the scope of application of the safe harbor rule and the market share standard, the paper aims to coordinate the reasonable application of the safe harbor rule in China, so as to more effectively maintain the market competition order and promote the sustained and healthy development of the economic society.