Research On Administrative Monopoly And Its Regulation

Administrative monopoly, differing from economic monopoly, is one executed by the specific subject of non-economy (governments and its enforcement departments) by abusing its legal administrative powers. It is also different with legal monopoly. The legal monopoly is state law based on the state benefits (e.g. State policy and its safety), reasons of natural monopoly, and needs of public profits, whereas administrative monopoly illegally intervenes the economic actions in the market by abusing the superiority of administrative powers. Because the same results produced by both the administrative monopoly and economic monopoly: rejecting, restricting or blocking legal competition, the administrative monopoly is generally considered as a kind of illegal behavior against the Antitrust Law. The formation causes of administrative monopoly are complicated. There are reasons believe that the causes, such as the system of division of power, the system of public servant, and the imperfection of law are the internal and radical grounds why the administrative monopoly exists. Therefore, this article concludes: the fundamental and comprehensive treatments by means of administration, economy and law must be needed for the regulation of administrative monopoly, and it would not be accomplished only by Antitrust Law. From both historical and practical point of view, the Antitrust Law itself regulates the enforced behavior of restricting market competitions among the equal " private subject" such as enterprise, enterprise clique and other kinds of economic organizations. It does not aim at administrative body and "public power". In order to regulate the Administrative monopoly more efficiently, it is a good way to enact a special law of Anti-administrative monopoly...