Font Size: a A A

The Civil Aviation Field Of Anti-trust Application Of Research

Posted on:2008-05-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:J X LiuFull Text:PDF
GTID:1116360212987370Subject:International Law
Abstract/Summary:PDF Full Text Request
Both civil aviation and the modern sense of competition law are built and developed in the European Union ("EU") countries. Since the United States ("US") enacted the Airline Deregulation Act of 1978, the control of civil aviation market of developed countries in global area have all gone through a process from strict control to deregulation, which has made outstanding achievements. These achievements have a direct and inevitable connection with their practice to replace the government control with competition law. Nowadays the EU and the US have reached the Open Sky agreement across the Atlantic, while the civil aviation in China is still at the preliminary level. China should be open-minded to learn from the deregulated systems and experience of the EU and the US and build a perfect competition law system in this field in order to revive the national aviation industry.Concerning the field of civil aviation, deregulation is a global trend, as well as the only route to prosperity the industry. The process from strict control to deregulation, is a process of using anti-monopoly law to replace strict administrative rules to regulate the competition order of market, also is a process of applying anti-monopoly law to civil aviation field.Above all, the thesis introduces mainly the industry attribute and market characteristics of civil aviation, and its specific industrial policies and the civil aviation regulatory system. After that the author gives presentations on the theoretical study, to start his exposition of the whole text. The author does research on the civil aviation market from the perspective of economics and sums up the oligopolistic competition features of the civil aviation market, thus refine of the actual situation in the theory concerning the market structure of Chinese civil aviation market, including market concentration, barriers to market entry and product differentiation extent.Civil aviation transport market has its unique industry characteristics and market structure, but on monopolistic behavior, it is the same with other industries. Besides the traditional monopoly agreements, abuse of dominant market positionand enterprise concentration, the administrative monopoly due to excessive government control has been particularly noticeable. Monopolistic conducts in civil aviation area should be included in future anti-monopoly law to be unified regulated. As the provisions of the anti-monopoly law will be principle, it is impossible to use only the anti-monopoly law to solve all specific issues in the civil aviation field. Thus China can learn from the experience of other countries and regions in this area, that under the prediction of the unity in compliance with the law and law enforcement agencies, let the anti-monopoly enforcement authority handle the making of guidelines or regulations of anti-monopoly law specialized in the civil aviation area with the coordination and help from civil aviation regulators, in order to regulate the civil aviation market competition order.For the developed foreign countries, including countries with developed civil aviation industries and competition law, the regulatory systems of civil aviation have undergone a process from strict control to deregulation. And the successes are of highly consistent pattern, namely deregulation of the aviation industry economic control, which means the government and industry regulates only safety and other public issues, while the unified anti-monopoly law and anti-monopoly law enforcement agencies regulates market conducts of civil aviation enterprises.The civil aviation market structure often shows an oligopoly situation, besides with its network economic effects and fundamental status in nation defense, it has some natural monopoly characteristics. However on the whole, the civil aviation market remains a competitive market, suited by the government's anti-monopoly regulation rather than strict governmental control. Compared with developed countries, China's civil aviation industry is still at a relatively backward position, which should be regulated by industry policies that suited to its special conditions. Under the background of Open Skies and economic globalization, the ultimate goal of industrial policy should be to seek the increase of overall competitiveness level of civil aviation enterprises. The practice of promoting industrial prosperity through full control by the government has been already obsolete. Competition policy should be weighted higher than industrial industries. Apart from security control,air traffic control system, the government should fully relax controls, including pricing and market access controls, and upgrade the competitiveness of Chinese civil aviation under the supervision of competition policy, as well as pursue the real prosperity of the industry under the market driven.Industry regulatory agencies are responsible for the enforcement of civil aviation industry policy and the management of public affairs. For the area of regulating the civil aviation competition order, it should be unified in charge by the national anti-monopoly law enforcement agencies. The implementation of the national industrial policy either by the Civil Aviation Administration or by the independent Civil Aviation Regulatory Commission, the regulatory domain shall be subject to certain restrictions, mainly focuses in natural monopolies, external, quasi-public and paramilitary fields. As for competitive fields, they should back away and leave it for the anti-monopoly law enforcement agencies to regulate.From the perspective of anti-monopoly law, Aviation Union is a joint approach under the premise of foreign ownership severely restricted by the administrations of all countries, its impact on competition is very similar to enterprise concentration. On one hand, China shall encourage civil aviation enterprises to actively participate Aviation Union for the participation of the international civil aviation market competition. On the other hand, the right to review Aviation Union system should be exercised by the anti-monopoly law enforcement agencies. The agencies shall refer to the prior reporting system of enterprise concentration and prevent adverse effects on fair competition China's civil aviation market by Aviation Union from the competition level.
Keywords/Search Tags:Civil Aviation, Anti-monopoly Law, Deregulation
PDF Full Text Request
Related items