Empirical Analysis Of Anti-monopoly Law Enforcement In The Field Of Public Utilities In China

Since the promulgation and implementation of the Anti-Monopoly Law on August 1,2008 in China,the anti-monopoly law enforcement has achieved a legal basis.In May 2012,the Supreme People's Court issued the Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Acts,which provides a more detailed basis for the trial of court anti-monopoly cases.In August 2018,the State Administration for Market Regulation established the Anti-monopoly Bureau,which provides a unified enforcement body for anti-monopoly law enforcement..On September 1,2019,the implementation of three departmental rules and regulations,including the Interim Provisions on the Prohibition of Monopoly Agreement,the Interim Provisions on the Prohibition of Abuse of Market Dominant Position,and the Interim Provisions on the Suppression of Abuse of Administrative Power to Exclude and Restrict Competition,marked the supporting rules for anti-monopoly law enforcement are increasingly improving.In the field of anti-monopoly,China has a three-dimensional and comprehensive law enforcement basis from the legal,judicial interpretation to the effectiveness level of departmental regulations,and the situation of law enforcement is becoming increasingly clear.In the process of improving the anti-monopoly law enforcement basis,China's public utilities are also accompanied by rapid reform.The public enterprises have gradually developed from the original state-owned enterprise management into a stage of diversified modes of separation of government and enterprise,franchise,entrusted operation and cooperation between social capital and the government.At this stage,anti-monopoly cases occur frequently in the field of public utilities,and public enterprises have become the main body of abuse of market dominant position.It can be seen that anti-monopoly law enforcement in the field of public utilities is an extremely complex issue.The anti-monopoly law enforcement agencies are facing new challenges from the public welfare,natural monopoly characteristics and new models in the field of public utilities,in addition to the professional requirements,high law enforcement capacity,complicated application of specific laws and high transparency of law enforcement brought about by their own reform and the promulgation of laws and regulations.In the new period of anti-monopoly,we urgently need to review the past practice of law enforcement in the field of public utilities,go deep into the profit chain of public utilities with specific cases,examine the highlights and difficulties of the reform,sum up the experience according to the latest laws and regulations,dig deep into the hidden points of monopoly behavior of public utilities,constantly improve the anti-monopoly law enforcement,and strengthen the anti-monopoly law enforcement in the field of public utilities.Public utilities enterprises involve thousands of households and are related to the national economy and the people's livelihood.To effectively deal with the new situation and new mode of monopoly in the field of public utilities,and to strengthen the anti-monopoly law enforcement in the field of public utilities not only directly affects the supply of public goods or services and the vital interests of consumers,but also indirectly affects the development of the whole public utilities industry and the business environment in the field of public utilities.Strengthening anti-monopoly law enforcement in the field of public utilities can play a role in maintaining fair competition and promoting technological innovation and service improvement in the field of public utilities.In order to strengthen the anti-monopoly law enforcement in the field of public utilities,we need to strengthen our own law enforcement team on the basis of coordinating various departments and integrating departmental resources,and train a group of law enforcement personnel with strong professional ability and high law enforcement ability.Of course,straighten out the relationship between the authority of Central and local law enforcement agencies,administrative law enforcement and judicature.there must be a set of clear guidelines for the improvement of the enforcement capacity of the anti-monopoly law enforcement agencies,reasonably limit the excessive discretion of the anti-monopoly law enforcement agencies.This requires the anti-monopoly law enforcement agencies to clearly define the powers and functions of law enforcement agencies,formulate unified and clear law enforcement standards and specific applicable law enforcement procedures in accordance with the characteristics of the public utility field,and at the same time,link up the civil litigation of private relief channels for monopolistic acts,and straighten out the relationship between the central and local anti-monopoly law enforcement authorities,administrative law enforcement and judicature of the anti-monopoly law enforcement agencies.