The Legal Regulation On The Monopoly Of The Electric Power Industry In China

Due to the nature of natural monopoly, the industry of electric power is excluded from the scope of application of the Anti-trust Law by every country. However, with the development of economy and technology, the industry of electricity power no longer maintains the complete feature of natural monopoly. So, economists divide the business of electric power into different stages, according to the strength of natural monopoly. Some stages can take in proper competition and can be applied to Anti-trust law. Based on this theory, many countries carried out anti-monopoly reform and legal regulation on the electricity industry. The electric power industry is undergoing a course from completely monopoly by the state to moderate competition. And have got some achievement. But whether the power industry reform or the anti-trust law regulation had a lot of problems. China's anti-monopoly law has just been implemented, there is no doubt that it will play a role of norms and constraints in the monopoly of the power industry in our country.Using theoretical, empirical, normative, historical, comparative as well as the entities and procedures research methods, I will negate the Applying Exemption theory, sum up the problem of electric power reform and the anti-trust law in China. In the end, basing the regulation mode of other countries, especially England and Amevbrica, I made a few suggestions on the perfection of the regulation on the industry of electric power in China.As the electric industry can divide into competitive areas and natural monopoly areas, therefore, how to combine the advantages of competition with appropriate monopoly to establish an effective competitive market structure is the target of the electric industry reform and anti-monopoly law regulation. This requires a clear operational strategy basing on different business areas. First of all, revise and improve China's anti-monopoly law and the electric power law to regulate the monopoly of the electric power industry. At the same time to coordinate the application of the anti-monopoly law and the electric power law. Second, specify the regulatory functions between the anti-monopoly law enforcement agencies and the Electricity Oversight Committee. Finally, improve the price control mechanism, clear regulatory procedures.