The Legal Regulation Of The Abuse Of Market Dominance By Pipeline Gas Enterprises

As a provider of basic products and services,pipeline gas companies are closely related to people's lives.At present,many cities in China have formed a gas supply pattern based on pipeline natural gas.As a result of the franchise development model,this also means that gas operations in a particular region will be monopolized by one or several companies.In recent years,under the temptation of monopoly interests,these enterprises have engaged in illegal business practices by virtue of their dominant market position in specific regions,undermining the competition order and harming the interests of the state and gas users.Compared with the general abuse of market dominance behavior,the abuse of market dominance of pipeline gas companies does not differ much in terms of behavioral expressions and recognition criteria.However,there are special problems in legal regulation.There are many problems:First,the franchise system bundles the distribution and sales of the natural gas terminal market,and the interests of local governments drive it,which provides a way for pipeline gas comparnies to abuse market dominance.Conditions have caused institutional obstacles to effective regulation;secondly,the anti-monopoly law is not perfect,the basic law of the natural gas industry is missing,the franchise regulations are not comprehensive,the implementation of industrial policies is not in place,and the conflict between policies and laws has caused the gas Laws and policy obstacles to the effective regulation of corporate abuse of market dominance;again,anti-monopoly law enforcement agencies focus on launching surprise and special law enforcement actions.Although they have played a deterrent role,they are not a permanent solution,but as an industry authority.The residential construction department mainly focuses on gas construction and safety supervision,ignoring the supervision in its operation process,and there are certain contradictions and conflicts between the anti-monopoly law enforcement departments and the competent departments of the industry,which is not conducive to the abuse of market dominance by pipeline gas enterprises.Effective regulation;finally,in society Governance level,industry associations failed to play in the promotion of industry self-regulation of its proper role,social media and public oversight body,the industry operators,and other users to accept gas service should also be strengthened,activists channels need to be improved.In view of the above problems,this paper combines the specific conditions in practice,based on the oil and gas system reform policy and economics and law theory,proposes specific regulatory recommendations,in order to construct a reasonable and feasible gas regulation and regulatory mechanism for the abuse of market dominance of gas companies.Specifically,it includes:reforming the franchise system in the gas field,exploring the development model of urban gas in the post-franchise era;accelerating the establishment of the national pipe network company,promoting the separation of distribution and sales in the gas terminal market,introducing an effective competition mechanism,and clarifying The boundaries between franchising and anti-monopoly;improve relevant laws and regulations in the field of energy and public utilities,promote the introduction of the Basic Law of the natural gas industry,promote the unification of laws and regulations related to public utilities and franchising;coordinate the supervision of the market and industry,and introduce the energy regulatory authorities The supervision of the operation behavior of gas enterprises,strengthen the cooperation of market supervision departments and industry supervision departments in competition regulation;realize the social co-governance of various parties such as industry associations and public opinion supervision,and improve the dispute resolution mechanism such as litigation.