垄断企业限制竞争行为的法律规制——以供电企业“预收电费”为例

电力企业电费拖欠严重,而预收电费方式则是避免拖欠电费的有效途径,但却被一些政府部门认为是利用自身的垄断地位限制竞争,违反了我国的《反不正当竞争法》。笔者认为,预收电费方式不属《反不正当竞争法》调整的范围。但同时,供电企业是垄断企业,不应完全享有一个普通企业在签订合同时的全部权利,其限制竞争行为应接受将要出台的《反垄断法》调整。供电企业在订立合同时,既要与用电人协商一致,合同条款也要公平合理,这有待电力法及相关立法做出明确、具体的规定。

Legal Regulation on the Restriction of Competition by Monopoly Enterprises--Citing ‘Prior Collection of Electricity Fees’ by Power Supply Enterprises as an Example

Prior collection of electricity fees is an effective solution to the serious problem of default of electricity fees.However,some govenment departments consider it as a restriction of competition on the strength of monopoly,which violates the Law Against Unfair Competition.The author holds that prior collection of electricity fees goes beyond the scope of regulation by the Law Against Unfair Competition.In the meantime,power supply enterprises as monopoly enterprises should not have all the rights enjoyed by ordinary enterprises at the time of signing a contract,and their act of restricting competition is subject to the regulation of the Anti-Monopoly Law to be promulgated.When power supply enterprises sign a contract,they should reach an agreement with power consumers through consultation,in which articles should be just and fair.That is subject to explicit and specific provisions of the Electric Power Law and other relevant laws.