The Balance Between Industry Supervision And Antitrust Enforcement Of The Power Industry

Natural monopoly industry consists of monopoly and competitive business.Both general competition rules and the specificity of the power industry should be considered during the regulation process,which gives rise to the difficulty in the balancing between the antitrust enforcement and supervision of power industry.Through the analysis of three typical monopoly cases of the power industry,this paper puts forward the problems between industry supervision and antitrust enforcement,including the power allocation and legal application。With an aim at the the relationship between industry supervision and antitrust enforcement of the power industry,this paper,taking the economic and technical characteristics of each section into account,enumerates typical monopolistic behaviors and summarizes the priorities of industrial regulations.Basing on this analysis,this paper summarizes the focal points of implement anti-monopoly regulation in power industry.By comparing industry regulators with the antitrust enforcement agency and comparing industry supervision law with anti-monopoly law,the paper explores their similarities and differences and summarizes their strengths and weaknesses respectively.Through comparison of three kinds of power allocation,this paper draws a conclusion that the determining factor of power allocation is the degrees of competitiveness..According to the market competition in China,both industry supervision law and anti-monopoly law are applicable and it is suitable to adopt the mode of decentralized cooperation between industry regulators and the antitrust enforcement agency.On the basis of above analyses,this paper puts forward a possible solution to the problems of the power industry:allocating the power between industry regulators and the the antitrust enforcement agency and building a cooperation mechanism;clarifying the principle of universal application of anti-monopoly law and its exclusion range;implementing the fair competition review system to improve the industry supervision law.