Exploitation Of Public Enterprises And The Abuse Of Anti-monopoly Law

In most countries, the public sector has played a substantial role in the functioning of the economy in recent history. This paper analyzes the problems of exploitative abuse of public utilities in china. Except the introduction and conclusion, this paper includes four parts altogether, the main content which has been discussed by each chapter is listed as follow:The first chapter is just to describe an overview of public utilities. At the beginning, this paper discusses the connotation and extension of public utilities, and summarizes three typical characters of public utilities. Public utilities which share a common network structure typically create a good or service which is relevant with"public interest", and burdened with"universal service"obligations of some sort. In the absence of any competition, public utilities will be tempted to abuse the market power in order to maximize its profits, so it provides rationales for government ought to intervene in utilities. Finally, this paper introduces the achievements and limitations in the reformations of china's public utilities.The second chapter introduces and analyses the behavior of public utilities in a dominant position. There are tow kinds of abuse of the dominant position: exploitative abuse and exclusionary abuse. Firstly, the principle of exploitative abuse is discussed. Secondly, analyses some typical behaviors of exploitative abuse, such as excessive pricing, forced transaction or tying, refusal to supply, charge or sanction abuse. Thirdly, analyses the origin cause of formation of the exploitative abuse. At last, in order to emphasize the significance of efficient regulation, the negative consequence of exploitative abuse is discussed, involving society unfairness, efficiency loss, and the competitive mechanism distortion.The third chapter is about the reforms and regulations of public utilities. On the foundation of drawing the effective experience from western countries, and takes into consideration the Chinese conditions, the vital thing in the reforms is that the government should converse its role gradually, any interest relationship between the governments and public utilities must be cut off. Besides that, the privatization and deregulation of utilities are both very important. While reforms in utility industries...