Regulation Research On Antitrust Law To Restrict The Public Utilities' Monopoly

Public utilities provide the public with daily necessities, and its operational behavior is closely related to people's life, it plays a very important role in China's economic life. However, due to the original planned economic system and other factors, the monopolies of public utilities are serious, which are causing great damages to the market economic system and consumers'rights. Public utilities monopolies produce strong response in society and become one of the hot spots. The paper aims to draw references from experience and practice of other countries and propose perfection of Antitrust Law for this behavior by analyzing Antitrust Law regulation for the monopolies of public utilities especially the way of abuse of market dominant position. The paper mainly adopts analysis and contrast study methods, starting with the concept of public utilities, it analyzes public utilities and their monopoly features, and makes a new definition by analyzing monopoly features of public utilities and three theories"nature monopoly theory","administration monopoly theory","system arrangement theory"advocated by public utilities. The monopolies of public utilities are caused by a variety of factors, therefore, the monopolies of the public utilities can not be only resolved by a certain kind of solution, but should be adopted various measures, relying on legal, and administrative means through multi-pronged approaches to achieve the expected results. According to the development trend of regulation means of public utilities monopolies and China's real conditions, the monopoly should be mainly regulated with Antitrust Law and supplemented by other relevant laws and administrative measures, in order to solve the problems completely. The paper through analysis of necessity and feasibility of public utilities monopoly of Antitrust Law regulation provides theoretical and realistic basis for our country's public utilities monopoly issues regulated by Antitrust Law. Through analyzing monopoly behavior of public utilities abusing market dominant position, this paper's focal poit and innovative point are to put forward proposals for perfecting our Antitrust Law from two facets of network advantage abuse and public commodities pricing by comparing Russian and Germany legislations for this issue.