Study On The Antitrust Regulation Of Railway Auxiliary Industry

The auxiliary railway industry is a concept that was put forward with the reform of the “separation between the main and auxiliary railways” around the year of 2000.The main business of railways is classified by the businesses and departments whose transport properties are classified.All railway operations and departments are collectively referred to as railway auxiliary businesses.Railway auxiliary businesses rely on proprietary services to provide monopolistic operations in order to gain superior profits in the dominant position of the transportation industry.This approach runs counter to the efforts made by the railway corporation over numerous years in the process of marketization reform.The problem of monopoly of railway auxiliary business mainly manifests itself in the misuse of market dominance by auxiliary companies,and the abuse is mainly based on unfair trading prices to obtain high profits from the counterparty.Since the implementation of the "anti-monopoly law" in the past ten years,the railway auxiliary of the abuse of market dominant position seems to be ignored.One of the reasons is that there is a serious contradiction between the ambiguity of antimonopoly theory and the complexity of reality,which leads to ineffective law enforcement;on the other hand,it is an industry with a natural monopoly attribute,such as the railway transportation industry.The competitive business(railway auxiliary business)has not reached a consensus between the application of anti-monopoly law supervision and the supervision of the railway industry itself,resulting in mutual shirking of responsibility,and further ineffective supervision.This article is divided into four parts:The first part mainly focuses on concept definition of the main railway industry and the railway auxiliary industry,and analyzes and defines the railway auxiliary business from a broad and narrow perspective.Railway catering companies are more representative in the monopoly of the railway auxiliary business.Taking the issue of high price of railroad catering enterprises in the railway auxiliary business as an entry point,we analyze the reason for the high price issue and whether it is reasonable.In the second part,this article first introduces how the anti-monopoly law of some European and American countries and the Anti-Monopoly Law formulated by our country determine the abuse of market dominance.Then,it was pointed out that the anti-monopoly law encountered difficulties in concretely applying the abuse of dominant position,and specifically analyzed the reasons for these difficulties.In fact,the main reason is that there is a serious conflict between theory and practice in identifying the relevant market.Finally,the author tried to avoid these conflicts when the anti-monopoly practice identified problems in the company's “relevant market”,and then tried to analyze the high price issue of railway catering companies from multiple angles and in all aspects,from which the abuse of the railway catering enterprises Dominate status is verified.The third part is based on the second part.Since railway catering constitutes an abuse of market dominance,it should be regulated by China's "anti-monopoly law." However,in reality,there are many factors that hinder anti-monopoly.The law regulates the abuse of the railway auxiliary business.Here,the author demonstrates the reasons in many ways that hinder China's "anti-monopoly law" from effectively regulating railway auxiliary businesses.In the fourth part of the article,the author concentrates on the concept of “Returning to the Norm from Facts: Innovating Anti-Monopoly Regulations to Deal with the Abuse of Market Dominance of China's Railway Auxiliary Industry”.In view of the current anti-monopoly law regulating the abuse problem in Railway Auxiliary behavior,the author puts forward some innovative suggestions,and attempt to make contributions for more fair competition environment in our country market economy.