Research On Legal Regulation Of Anti-monopoly In China's Automobile Industry

On March 15,2015,the Central Committee and the State Council issued the "Several Opinions on Further Deepening the Reform of the Power System",proposing to promote the transformation and upgrading of the power industry structure under the new situation,and promote the rapid development of the entire power industry through deepening reforms.With the breakthrough of the natural monopoly property of the power industry,various monopolistic behaviors such as abuse of market dominance have emerged in reality.Although China's legislation has made a certain degree of regulation on this,there are still problems such as insufficient legal application basis,anti-monopoly law and industry supervision conflicts.Therefore,in the critical period of the new round of reform in the power industry,this paper focuses on the research of the anti-monopoly regulation system of the power industry,based on the anti-monopoly regulation basis of the power industry,the type of monopolistic behavior,the improvement of the law,the industrial guarantee mechanism and the law enforcement method.Effectively curbing the monopoly of the power industry as a research goal,and systematically researching the anti-monopoly law system of the power industry.The aim is to provide reference value for improving the anti-monopoly regulatory system of the power industry,and to provide reference for the ongoing market-oriented reform of the power industry.This paper selects the typical case of power monopoly announced by the anti-monopoly law enforcement agency as the entry point,and analyzes the case in depth,and puts forward the basis of applying the anti-monopoly law system in the power industry,the typical performance and identification of the monopoly behavior of the power industry,and the anti-monopoly law path of the power industry.Three major problems.For the basis of the application of anti-monopoly law in the power industry,this paper starts from the applicable theoretical premise,points out the perfection of the marketable theory of economics,the overall benefit value of the anti-monopoly law and the establishment of the policy orientation of consumer welfare protection.It lays the theoretical foundation for the application of the anti-monopoly law to the power industry;by analyzing the formation of the monopoly attribute of the power industry and the development of technology and new economy,the reality of this monopolistic property is weakened,pointing out the feasibility of introducing effective competition in the power industry;The various drawbacks of the traditional overall exemption regulation theory point out the necessity of Anti-monopoly regulations in the power industry to combat anti-competitive behavior,improve industry efficiency,protect consumer welfare and combat corruption.Aiming at the typical performance and identification of monopolistic behaviors in the power industry,this paper carefully combs the typical performances of monopolistic behaviors such as related transactions in the power industry,price alliances,cross-subsidies,etc.And conducts behavioral subjects,behavioral objects,backgrounds,causes,etc.for each monopolistic behavior.Analyze all aspects to solve the identification of the four links of the power industry's development,transmission,distribution,and sales and the typical behavior of administrative monopoly.Aiming at the problem of anti-monopoly legal regulation in the power industry,this paper analyzes the legal causes of the anti-monopoly law system in China's power industry from three aspects: competition law,industry law and law enforcement mechanism,including the lack of legal application basis and the application limit of the commitment system.Unknown,industry law lags behind the application of market reform,anti-monopoly law and industry regulation.On this basis,the paper puts forward a concrete idea of perfecting the anti-monopoly law system of China's power industry: it should establish the principle of universal application of anti-monopoly law and carry out sub-link regulation on the power industry.Clarify the legal basis for monopolistic conduct regulation,refine the application of the commitment system,improve industry regulations,implement the fair competition review system in the power industry,coordinate the relationship between antitrust enforcement agencies and industry regulators,and provide a reference for China's power industry market reform.