The Legal Research On Anti Monopoly Of Taxi Industry In China

In recent years, many phenomenons of taxi industry in China's social point to cruise the administrative monopoly problems in taxicab and the economic monopoly problem in sharing-ride services.For a long time, the taxicab in our country had been positioned by the government mistakenly, the author thinks that the taxi provides for the special groups or consumption ability strong people to provide personalized travel service, has obvious exclusive and private property, therefore belongs to the quasi-public goods, just added part of urban public transport. Since the taxi industry in our country, the Chinese government to cruise the taxi industry long-term implementation of quantitative restrictions, restrictions and rent-controlled price limits, management mode, all kinds of restrictions for passengers taxi availability is reduced, the driver and the government has also saddled with huge pressure to rents and financial pressure.However, many other governments, the taxi industry to adopt a more flexible, more liberal laws regulating means, harvest more benign regulation effect.The author claims that, the government of our country regulate taxicab industry on the implementation of quantitative restrictions, restrictions and rent-controlled price limits, management mode, is the government abuse of administrative power, the market competition limitation or exclusion effect, belongs to the administrative monopoly prohibited by the anti-monopoly law in China.Firstly, the Chinese government will taxi industry as the public transport, public utilities, or is based on "administrative licensing law" can be set up administrative licensing "public resources" and "industry" direct relationship between the public interest, such positioning is not accurate, at the same time, the government of our country tour type to restrict the legal basis of the taxi industry has dual illegality of the administrative law and antitrust law.Second, the government of the existing regulation behavior reduce a cruising taxi market economic efficiency, limit the economic freedom of the market main body, detracts from the economic benefits of the consumers and the driver, has a serious limitation or exclusion competition effect.In addition, the development of modern technology, has made the market completely can be competitive, therefore, the government's existing regulation behavior has been inappropriate.On this basis, the author thinks that our country government type to cruise the existing regulation of the industry belongs to the administrative monopoly monopoly in the industry.But because the anti-monopoly law in China, there are not clearly linked to industrial policy and competition policy, law enforcement agencies, law enforcement is not high, the lack of administrative monopoly legal form so rely on the anti-monopoly law to break the administrative monopoly is also facing many practical difficulties.Sharing-ride service is the author a taxi to the emerging software, limousine service, express service and a series of new things. On the one hand, the net type about taxi is convenient, efficient, high quality service for passengers, deeply the general consumers' welcome., on the other hand, the high subsidies, a limited amount of payment, frequent business combination, and the academic circles of our country network type about the taxi industry effective competition to produce great anxiety.Anti-monopoly law regulating the market main body behavior is to focus on the nature of market main body behavior for the limitation of market competition, so the net type about the taxi industry is the core of competition in the market is directly related to the focus of the anti-monopoly law to apply.The author sums up the core competition of the industry is based on data collected data to calculate core competition, therefore, we must clearly recognize that represented by net type about taxi sharing economy is no longer a competitive industry, with emphasis on the price, but in innovation, science and technology competition for the development of key industries, so the high market concentration, the capital of vicious competition, bundled payments software, monopoly travel data, and so on and so forth, are likely to threaten the network about the healthy development of the taxi industry, the author based on the realistic national conditions, put forward in this paper, the analysis of the three kinds of net problem about taxi economic monopoly, the predatory pricing problem, tying and the criteria for notification concerning a concentration problems.As Sharing-economic platform is bilateral or multilateral market more, provide free product or service, and has strong network externalities, so the traditional definition of relevant market SSNIP test failure, the author tries to use the product function test method, the profit model test method and alternative test method to define the demand and supply network model about taxi independent relevant market in our country, and determined according to the survey data of the third party drops travel of dominant market position, and then analysis of the above three questions in turn.First, due to theirShared economic scale economic benefit and network externalities, so take the survival of skewed pricing strategy is to have certain rationality, in the network model about taxi market in China has a dominant market position drops high subsidies are issued by the company to passengers of predatory pricing, need to consider the structure of bilateral market prices rather than price levels, in terms of the master data, allegations of predatory pricing is no conclusion on the anti-monopoly law. Second, users can only choose alipay for drops travel and WeChat two payment way, the author thinks that in the absence of evidence to prove that specify the two payment software under the premise of rationality has objective reasons, this kind of behavior violated the consumer choice, the anticompetitive effects, constitutes a ban on the sale of behavior by the anti-monopoly law in China.Third, the provision of free product to our country "antimonopoly law" regarding the criteria for notification concerning a concentration in the understanding of "turnover" challenge.Operators of centralized declaration for the standard in our country in addition to the concept of "turnover" extension of problems, there are reporting standards in our country is too single, not refine industry standard, lack of regular adjustment program and other issues.The author thinks that our country network type about the taxi market operators of centralized declaration standards should increase other measuring factors, at the same time, the water amount the user can reflect the net about car platform scale hidden behind the number of travel data, so should be understood as "turnover", accordingly, drops, drops and UBER merger and fast, with the concentration in our country, according to the standard shall be in accordance with the law to declare.In addition, due to the economic development of the Internet speed of alarming, the scale economic benefit is obvious, so relative to declare the amount standard should be associated with the critical point of economy of scale, and our country should establish a regular reporting standard adjustment legal procedures as soon as possible.To solve the problem of the administrative monopoly on the taxicab, the author suggested that the anti-monopoly law must make clear the priority of competition policy in the legal level, to establish the legislative priority consulting system, perfect the review system of fair competition, and at the same time set up independent, unified, the anti-monopoly enforcement authority of administrative monopoly power of.Specific to cruise the taxi industry, should be determined by the public will come to the industry's legal regulation method, through fair competition censorship correct legal regulating of the existing methods, the abolition of the government's restriction on the number of the industry and rent-controlled, legislation on equal treatment to all kinds of business model.In addition, the government of taxi service price setting maximum limit.On the net about taxi industry economic monopoly problem, the author recommends avoiding making quantitative restrictions to the industry, the anti-monopoly law enforcement agency shall be determined as soon as possible to adapt themselves to share the economic characteristics of the relevant market definition methods, perfect our country declare standard concentration, in violation of the anti-monopoly law system to merge the behavior of the operators to implement reasonable relief measures;Enterprises should be to enjoy network about taxi service of passengers to provide more pay for access.And build a network model about the taxi industry data collection system is the key to the implementation of the above Suggestions.When the anti-trust law to the taxi industry in our country to establish the market competition order, after the government's regulatory measures must cooperate, to prevent market failure.First of all, the government should adhere to the principle of cruise car and network partition;Second, the government should improve the taxi industry service quality evaluation system;Finally, the government should actively create coordinated with market information platform, collecting the anti-monopoly enforcement authority for use of daily data.