Research On The Regulation Of Anti-monopoly Law In China’s Petroleum Industry

Competition and the rule of law is an inevitable requirement of the socialist market economy. Third Plenary Session of the Party’s eighteen clear that "make the market play a decisive role in the allocation of resources and better play the role of government." Party Fourth Plenary Session of eighteen major decisions proposed comprehensive rule of law. Articles for the oil industry to study the application of antitrust law is a relatively occasional and avant-garde topics.Late last year, known as "comprehensive structural reform and the rule of law," the touchstone of the north-south vehicle merger report, the merger requires the approval of the Ministry of Commerce and foreign antitrust agencies. As a state-owned enterprise, the initiative to accept anti-monopoly review of antitrust law applicable to the petroleum industry has an important demonstration of significance. 2014, the State Council issued the "Opinions on Promoting fair competition and maintain normal market order" that the market access system reform, break regional blockades and industry monopolies, monopolistic behavior severely punished to ensure fair competition. "Energy Regulatory Action Plan(2014- 2018)" published by the National Energy Board proposed to promote energy monopoly aspects of fair and open. SASAC the oil industry is defined as a special industry, that its collection of natural monopolies, competition and public as a whole. Early in 2009, the power to approve foreign investment in oil products has been delegated to the provincial authorities. Local, private stations is no longer uncommon. In 2014, the Kunming Intermediate People’s Court of "anti-monopoly law" as the basis for the Yunnan branch of Sinopec first instance verdict. From a consumer perspective, "three barrels of oil," the monopoly long nose. In crude oil imports, offshore exploration, oil refining, oil retail and other sectors are gradually introducing competition. Under the highly regulated countries, although Antitrust space is small, but not without space. For example, in oil field engineering and technical services in the field it is in relative market status.As China’s big step into the "Oil Age", in the reform of China’s energy system, the oil industry is directly related to the success of the reform of the reform. High degree of government regulation of the oil industry, resulting in a "three barrels of oil" in 95 percent of China’s oil market share. Economic reform lag caused by the industrial policy of long-term advantages for competition policy, and China’s "anti-monopoly law," the promulgation of late, very narrow implementation side. Value of "anti-monopoly law," a competitive, efficient and fair, committed to maintaining fair competition order, safeguard the legitimate rights and interests of consumers."Three barrels of oil" itself has first-mover advantage, authorized by the State is reflected in their government regulation. Development of the oil industry faced competition is not sufficient and rectitude other problems. The world’s major countries, the oil industry is market-based, aided by government regulation, the competition policy plays an important role. On the basis of study abroad and China’s national conditions above, the government should be market-oriented, deregulation, competition, emphasis on competition policies that foster a culture of competition to promote the "Antitrust Law" self improvement.