The Legal Research Of Antitrust To State-owned Enterprises

In the process of the reform of State-owned enterprises in China, appearing some problems which are the focuses in this paper. In the monopolized industries, whether state-owned enterprises should be governed and how to govern them? In the non- monopolized industries, whether state-owned enterprises should be confined? And now in the competitive industries markets, should the action of state-owned enterprises be governed by Antitrust Law?In order to solve these problems, the paper is divided into four parts. In the first part, two cases are used to take out the problems above. In the second part, analyzing the reasons of why the fact of antitrust law focuses on State-owned enterprises is not so good, although the law requests these enterprises act lawfully. The first reason is the background of the State-owned enterprises:the governments, they protect these enterprises not to be governed by the law. And the law does not cover all things what are important for antitrust action. The third part is used to analyse the background, the reasons of monopolize of state-owned enterprises. The theory about "natural monopolies" and "public advantages", the market and the laws are the reasons. And the last part tries to offer some advices about the Antitrust Law.