Shared Or Exclusive: Network Utilities Field Of Antitrust Jurisdiction Configuration Mode Choice

It is now conventional wisdom in most countries that competition plays a key role in ensuring effective and responsive markets. But in network public industries such as Telecommunications, Electricity, there are complicated relationships between competition authorities and specific sector regulators. Especially with the change of the nature of network public industries, monopoly has been replaced by competition in many areas, and the relationships between competition authorities and sector regulators become more and more important both in legislation and in practice.Chapter one focuses on the various behaviors that restrict competition in network public industries. After analyzing the manners of various restrict behaviors, this paper holds the opinion that antitrust law should applies to the network public industries. Chapter two states the aims of the competition authorities and sector regulators, and reveals the essence of the relationships between competition authorities and sector regulators: the allocation of power in network public industries. Chapter three concludes the two modes of allocation of power in enforcing the antitrust law: exclusive enforcement and shared enforcement. After introducing the two modes in foreign countries, this chapter construing the advantages and disadvantages of the different modes.Based on the above statement, chapter four focuses on the conclusion of four factors that influence the adoption of mode; and this chapter analyses the details that how these four factors affect or decide the adoption of different mode. Chapter five reveals the circumstances of Chinese network public industries, applies the conclusion of chapter four to China, and comes to the conclusion that China should adopt the mode that conferring competition authorities with exclusive power. At last, this paper puts forward some suggestions in the legislation of Chinese antitrust law.