Antimonopoly: Legal Vision On Forming Competition In China Telecom Industry

Telecom industry is a field so fundamental in one country's economy that the reform of it is crucial to both national economy and people's livelihood. Correspondingly, how to form competition in place of monopoly in this field is a valuable topic not only for economists, but also for law researchers. This dissertation selects a legal vision of antimonopoly to study relevant questions in China. It contains five parts besides an introduction at the beginning.The introduction defines the two terms of telecom and telecom industry used below, and then points out that the existing market structure of China telecom industry is still highly monopolist and need changing.Part I analyzes the theory of so-called natural monopoly according to the realities of telecom industry, and comes to a conclusion that there is no reason for this field to stay beyond the regulating of antimonopoly law.Part II summarizes the legal reform practices around the world in this field, discovering that antimonopoly has been an overwhelming global tendency, and its distinctive features are the opening of market as well as opening for poly-investment.Part III sets forth six monopoly behaviors which do harm to competition in this field, such as impeding interconnection or unreasonably pricing on access charges, and so on.Part IV evaluates the existing antimonopoly mechanism of China telecom industry as a whole. Findings show that the uncertainty of the legislation, the improper guiding ideology, and insufficient protection for rights are its three severe shortcomings.In the end, Part V especially provides some suggestions on antimonopoly methods in this field after China's joining WTO. Those are, to perfect relevant legislations, to correct guiding ideology, to reconstruct organizations on duty, and to make the objects being regulated more clear.