反垄断法的适用除外问题研究

随着市场经济在我国的建立和发展,垄断和反垄断的问题也越来越得到了人们的重视,垄断行为,一般都为各国法律所禁止,但也不是绝对的。过去,各国大都把铁路、电讯、邮电、电力等行业也列为反垄断法的适用除外,近年来,许多国家对这些行业的适用除外条款的看法发生了变化,都在这些行业引入竞争机制。我国党的十六届三中全会《中共中央关于完善社会主义市场经济体制若干问题的决定》也指出:"加快推进和完善垄断行业改革。对垄断行业要放宽市场准入,引入竞争机制。有条件的企业要积极推行投资主体多元化。继续推进和完善电信、电力、民航等行业的改革重组。加快推进铁道、邮政和城市公用事业等改革,实行政企分开、政资分开、政事分开。对自然垄断业务要进行有效监管。"因而我国在制定反垄断法时,适用除外条款应在借鉴国外立法经验的基础上,制定出符合我国国情的规定。

Research on the Exemption of Application in the Antitrust Law

With the establishment and development of market economy in China, trust and antitrust are increasingly emphasized. Trust behaviors are generally prohibited in nearly all the countries. But this is not absolute. In the past,most of the countries treated the industries such as the railway, telecom and electricity as exemption of antitrust law application. However, in recent years, the situation changed in many countries and competition systems were introduced into these industries. The Central Committee of the Communist Party of China Decisions on the Perfection of Socialist Market Economy System made at the third session of the sixteenth assembly of China Communist party Cental Committee points out that we should accelerate and perfect the reform of trust industries,extend the market admission of the trust industries, and introduce competition system into them. Enterprises that are qualified should pursue pluralism of investors positively and perfect reformed reorganization in the telecom, electricity and airline industries,etc. Reform of the railway, the post, city public utilities should be improved. We should separate governmental functions from enterprises management,from the investment and other things. Effective supervision should be imposed on the natural trust industries. When we draft China's antitrust law, we should draw lessons from foreign legislation and make relevant provisions according to our national conditions.