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Antitrust Regulation Of The Airline

Posted on:2011-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206360308480432Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With unceasingly intensive study of anti-monopoly, the monopoly of the civil aviation industry has also become the focus of social attention. This article firstly determined the object of study is the scope of Airline, as the basic industry of the national economy the civil aviation has the scope economy, the economies of scale, the network economy and so on natural monopoly profession characteristic,in addition it has the close relations with the national security, therefore which has run on monopoly under strict control from government. The control is comprehensive, including market of entry and exit, the right to operate routes, flight times, corporate mergers, separation of powers and other business malpractices. However, with the economic and technological development and the failure of government regulation,the people have also changed the understanding of the attribute of aviation industry, competition was thought to be introduced into the commercial aviation market, various countries started deregulation in abundance, and has made the good progress. In this competition's market, the monopolistic behavior damaging to legitimate competition must be come out. This paper analysized each of monopolistic behavior about the price of the airline alliance, boycott to a small airline out of the market, market dividing, aviation supplies exclusive dealing, differential treatment, the operator centralism and so on three major categories of specific behavior. Then discuss the feasibility of the anti-monopoly after studying the meaning of regulation, the special nature of a monopoly on China's civil aviation industry, the economic effects of the introduction of competition, the need for consumer protection and antitrust pursuit of the fair value. Exemption are put into the antimonopoly law in certain peculiar circumstances, and also in aviation industry, the aviation alliance will be the exception. The aviation alliance is the trend of development in the international commercial aviation industry, which is condctive the prosperous national aviation industry.,especially for the civil aviation industry in China is not yet well developed, we should take positive attitude to the aviation alliance.The laws and regulations is fair and reasonable basis for anti-monopoly rules. Each country has established the civil aviation industry-related legal system. The author sorted out the most advanced anti-monopoly law system of United States and the most comprehensive civil legal system of European Union, then gives the comment to our country's anti-monopoly rules.In the regulatory process on the monopoly of China's airlines, the author firstly analysize our national anti-monopoly legal system and civil aviation legalsystem. Chinese anti-monopoly law has just been enacted, many overseas advanced experiences were absorbed, and timely the related necessary stipulation has released in favor of its effective implementation. But in the antitrust laws and regulations, there are some flaws should be improved in the implementation of anti-monopoly. There are also content of Chinese civil aviation legal system out of the reality, the content of the laws and regulations contradict each other,which also should be amended as soon as possible. In addition, how to coordinate anti-monopoly law and the Civil Aviation Law is also the question urgently to be solved.Only the legislation is not enough, we should improve the law enforcement system.Even though we are now broadly established a variety of monopolistic behavior appropriate law enforcement agencies, but such multiplication's law enforcement pattern does not favor the implementation of Chinese anti-monopoly, coupled with the administrative monopoly was deep into Chinese civil aviation,how to coordinate anti-monopoly law enforcement agencies and the aviation supervision plays a vital role. for the entire civil aviation industry. Besides, aviation industry is a high-cost industries, the development of industry greatly impact on the national economy, so the government should not only take the competition in the market into account to when, but also stressed the interests of society as a whole in the process of regulating. While protect the ordinal market competition, we must also consider industrial policy for airlines to improve the overall level of competition and take the place in the national air transport market. The aviation industry trade associations should play a coordinating role in the course of anti-monopoly regulation.It was proven that industry associations have a natural advantage in the coordination of the market, enterprises with governments. Through performing and promoting the positive role of the Civil Aviation Association in competition,it was also able to reduce the burden of government regulation and avoid the drawbacks of administrative control, but also promote the whole industry.
Keywords/Search Tags:airline, civil aviation industry, monoply anti-monopoly law, civil aviation law
PDF Full Text Request
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