A Study On Antitrust Regulation Of Public Utilities

The public utilities is the enterprise which mainly provides the public service through the network or the infrastructure, taking meets the public need as the goal, such as power supply, water supply, coal gas, telecommunication, mass transit, postal service operators. Based on traditional economic theory, the public utilities belonged to the antitrust law exemption domain and the country permitted its monopoly management for a long time in the past. But along with the development of society, the flaw of the traditional regulation pattern of public utilities suddenly reveals day by day, and the various countries all has carried on reconsidering to the traditional regulation pattern of public utilities. Following the technology advancement, the economics and the legal science theory development, in the worldwide scale has raised the public utilities regulations reform tide. This article starts from public utilities elementary theory, elaborating the public utilities regulations reform condition of main developed countries. After that, the telecommunication, the electric power, the railway transportation and so on the key public utilities' regulation reform of our country has been analyzed, summarizing result which the reform obtains, and points out place of the limitation. The last part of this article is the key point. Based on beforehand chapter analysis, the tentative plan of public antitrust regulations of our country is been proposed. In this part the proposals for consummate public utilities antitrust regulation of our country are to divide into the two parts: overall tentative plan and the specific plan. Firstly, the overall tentative plan include the legislation pattern choice, the legal framework consummation, establishment of antitrust organization, as well as analysis of the relationship between antitrust organization and the supervising organization. This article mainly thought our country should establish the independent antitrust regulation organization, authorizing it to hold the legal jurisdiction of antitrust affairs. And establishes one kind of system between the antitrust organization and the supervising organization both to cooperate mutually and restricts mutually. The mutual cooperation between the two organization is the opinion questionnaire, the exchange of information, the specialized consultation aspect, and mutual restriction displays that both side is authorized to propose the objection and requested reconsiders to the decision of opposite party. Secondly, in regard to the specific plan, this article discusses the some issues which are more important controversial: regulation of abusing market dominant position, regulation of market access, regulation of administrative monopoly, price regulation, universal service regulation.