民航运输业引入竞争机制的反垄断规制

长期以来,民航运输业作为豁免使用反垄断规制的自然垄断行业,其经营效率低下,盈利能力不强。伴随着市场经济体制的不断建立与完善,人们越发对自然垄断行业豁免使用反垄断法产生质疑。实践中,传统的自然垄断行业有些已经引入竞争机制。对此,笔者认为,中国应当鼓励民航运输业引入竞争机制,但基于该行业的特殊性,对其进行竞争立法时应当采取谨慎的态度,而相关法律法规的出台与完善则应当成为民航运输业反垄断规制的关键。

Antitrust Regulation of Introduing Competition Mechanism in Civil Aviation Transport Industry

For a long time, civil aviation transportation has been exempt from the the regulation of antitrust law. However, under the natural monoply mechanism, it has turned out to be lowly efficient and profitable. As the establshment and improvement of market economy system, more and more doubts are thrown upon natural monoply industries. Moreover, some traditional industries has introduced the competition mechanism. From the author-s point of view, civil aviation transportation should be considered as one of the industries that bring in competition mechanism. Due to its peculiarities, cautious attitude shall be taken toward the mechanism establishment and the enactment and perfect of relavant laws and regulations will be the key factor.