| The PPP model is a new model of the Government and social capital cooperation in the areas of infrastructure,utilities and public services,with the aim of improving the quality of public goods and meeting the public's demand for public goods.Since 2013,with the vigorous rise of PPP projects and PPP investment,the monopoly risk brought about by the government and the social capital is gradually prominent.Therefore,this article will discuss the problem of monopoly,the analysis of monopoly problem and the solution of monopoly problem.This article will be divided into the following parts: the first part is the monopoly problem in the PPP market,including the administrative monopoly of the government party in the period of PPP contract of awarding,confirming and performance and abuse of dominant market position by social capital(Refusal to trade,conditional trading and low price dumping);The second part is the theoretical analysis of monopoly problem in PPP market,including the analysis of basic theory,the cause of administrative monopoly of government(legislation,law enforcement,judicature),and the identification of abuse of market dominance by social capital parties.In the basic theory analysis part,it mainly analyzes the difference and connection between PPP,related concepts and traditional public procurement market and the legal relation of PPP market.The identification of abuse of dominant market position is mainly based on the anti-monopoly law and relevant cases.The third part is to summarize and study the antitrust experience of the United Kingdom,the United States and Canada in the PPP market;The fourth Part is to put forward the improvement suggestion to our China PPP market operation,mainly from the legislation system,the supervision system,as well as the dispute resolution mechanism. |
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