Study Of The Antitrust Laws Of The Electric Power Industry

Chinese electric industry reform began at the end of last cencury, but monopoly phenomena exsit very seriously due to lack of scientifical legal regulation mode. These developed countries have successful experience in electric industry reform that they have scientifical legal regulation mode. But the research on the breach of electric industry monopoly now is based on the perspective of economics, espically regulation economics, instead of legal perspective. Therefore, it's very important in theory and practice to analyze the current conditions of monopoly in electric industry, find out the disadvantages of current legal regulation mode and put forward feasible consummate suggestions right now. This thesis says we should loosen government regulation and applied Anti-monopoly Law in the field of electric industry; Electric network must be operated by the way of corporation system, connected nationally, and governmet should carry out safe regulation and access regulation; According to the different features of four parts, Electric price must be ascertained scientifically and reasonably.The thesis is composed of preface and four main parts.The first part mainly introduces the change of legal regulation mode in electric industry according to concrete practice of regulation mode in these typical developed countries. Since a long time ago, Anti-monopoly law hasn't regulated electric industry and government has regulated it strictly. For traditional regulation mode has many disadvantages, many developed countries began to reform. On the basis of theoretical research, such as Natural Monopoly Theory, Contestable Markets Theory and Anti-monopoly Law Theory, and due to economic development and technogical improvement, they loosened government regulation and applied Anti-monopoly Law so as to make electric industry competition more justice and efficient and improve its economic efficiency and social efficiency. The second part analyzes the current conditions of monopoly in electric industry. Although great progress has been made in the aspects of property reform and separation of corporation and network in electric industry, monopoly problem wasn't solved absolutely. Because of mass existence of monopoly phenomena and lack of scientifical supervision system and Anti-monopoly law system, it is right time to reconstruct the legal regulation mode in Chinese electric industry.The third part suggests on the general construction of consummate of Anti-monopoly law regulation. Electric industry reform must obey several fundamental principles. Meanwhile the legal system in Chinese electric industry should be consummated: Anti-monopoly Law must be legislated and Electricity Law should be revised. Anti-monopoly Law is very improtant for market economy countries to devolop market economy and protect market order. Only legislating Anti-monopoly Law can regulate market monopoly in electric industry. By the way of revising Electricity Law the objection and disciplines of electric reform are ascertained.The fourth part is to design the concrete system of consummate of Anti-monopoly law regulation, especially emphasizing the legal issues of electric network and electric price. Electric network must be operated by the way of corporation system, and regulated by government in order to safe operation of electric network. Electric price must be ascertained scientifically and reasonably in order to protect the rights of consumers and insure the reasonable profit of suppliers.