The Application Of Anti-monopoly Law On Chinese Oil Industry

The thesis studies on competition condition in Chinese oil industry,monopoly behaviors of operations by two Major oil companies, andnational oil industry policies, observes that lack of competition indomestic oil market, and monopoly operation by two major oil companiesin oil upstream and downstream industries, what is more, such monopolyoperation market frame was caused by current Chinese oil industry policeswhich have carried out in the past over a decade, monopoly marketbehaviors by two major oil companies have lasted for over a decade, andhave been intensified in recent years, thus have a very serious negativesocial impact.People doubt the authority of China’s ’ anti-monopoly law’,Why there is no limit, no regulations, no punishment for monopolybehavior by two oil companies, people also doubt if anti-monopoly lawfavor state-owned enterprises, some foreign medias even conclude thatlack of equality is common in application of China’s anti-monopoly law.Subsequently, analyses the coordination of industrial policies and anti-monopoly law, summarizes the difficulties in implementation ofanti-monopoly law in oil industry, concludes that through the definition ofthe scope of the implementation of the anti-monopoly law by applicationof exclusion principle, to regulate the market operators on basis of generalapplication of the anti-monopoly law, in consideration of industrialpolicies application, so as to protect effective competition, consumerrights and public interests, to promote the rapid development of thepetrochemical industry.Three issues should be resolved for Smooth implementation ofanti-monopoly law in oil industry. First, the existing oil industry policieshave achieved the target of Cultivating large enterprises, large groupswhich are of international competitiveness, reflects negative effects ofrestricting oil market prosperity. Second, government administrativedepartments have several posts simultaneously, thus role ambiguityoccurs, it is difficult for government administrative departments tomaintain market competition, to protect the economic efficiency, toregulate consumer interests. Third, exclusion provisions of anti-monopolyare too principle, lack of maneuverability. Solution to above mentionedthree issues.Firstly, policy makers or decision making person of the oilindustry, should aim to establish a socialist market economic order, timely adjust relevant industrial policies to limit or exclude competition.Secondly, to push forward the organization reform of the governmentMinistries and Commissions, to establish independent organizations ofindustrial policy makers, implementers and anti-monopoly law-executor,to clear respective management responsibilities and function, so thatgovernment ’s regulatory function of the market can be performed well;Thirdly, to improve the relevant provisions of the anti-monopoly law, tofurther regulating limit of exclusion provisions application ofanti-monopoly, to strengthen regulatory efforts of anti-monopoly law tospecial operators for their abuse of market dominant position, to maintainthe authority of the anti-monopoly law, as economic constitution.