The Applicability Of Anti-monopoly Law In Special Industry Of China

Special industry referred to in this article refers to the seventh article of the State-owned economic control of industry and national economic lifelines and national security law practice exclusive monopoly of the industry.Special trade monopoly is the subject of special industries for a specific purpose, dominance, exclusive monopoly under their control or other means to limit, exclude competition, manipulation, and control the relevant market, is not conducive to social and consumer behavior.The basic idea of this article is that antitrust law can apply for special industries.At the current stage for the abuse of market dominance and monopoly agreements regulation should in General be determined by monitoring system on appropriate supplement of anti-monopoly law of general application, rare exclusive by a regulatory system applicable in the context of a more reasonable.Concentration on the issues should be based on uniform application of antitrust law.Seventh section of the Antitrust Act has always been about the antitrust laws can apply to special causes misunderstanding of important industry.This article from the hermeneutic theory analysis, government intervention by the anti-monopoly law connotations of the seventh, putting the law provisions of special protection is not a special industry, which contains not only the meaning of the protection of legitimate operators of special industries, also contains a prohibition of special operators use meaning of monopolistic behavior damages the interests of consumers.The seventh is a principle rule, not only in line with the purpose of antitrust law, except for FA systems do not belong to the applicable chapter, although is not detailed enough, but shows that the legislator’s position, also contribute to the further perfection of anti-monopoly law through the establishment of rules in the future. Antitrust law applies not only to the particular industry in China is the reality of stable economic development in China, is also a legislative enforcement, industry deregulation worldwide trends.Special industry is experiencing a "applies in parallel except forâ†'â†'â†'add apply uniform application" process, it is because the awareness to those special regulatory shortcomings of its own:when thinking about competition, often focus their industry are unique, not industry specific to the market as a whole to participate in the competition;in the face of interest, often put his own interests above the interests of society as a whole and individual consumers;At the time of implementation of regulation, normative and regulatory system, procedures related to professionalism of the staff often cannot meet the requirement.So except for the uniform application of the antitrust law and regulatory law for jurisdiction specific industry trends of application of anti-monopoly law as an influential, not only helps ensure the feasibility of implementation, highlighting its status as an economic Constitution.