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The Implementation Issues of China Anti-Monopoly Law in Petrochemical Industry

Author: YuYang
Tutor: WangXianLin
School: Shanghai Jiaotong University
Course: Economic Law
Keywords: petrochemical industry anti-monopoly law implementation industrial policy coordination
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract


Industrial policy was high-profile by the developing countries for the roles in promoting the upgrading of industrial structure and economic growth in Southeast Asian countries and regions, but after Japan economic slowdown in 1990s and the financial crisis in Southeast Asian countries and regions, researchers from all over the world are speculating about the pros and cons of industrial policy. China petrochemical industry is strongly supported by the government industrial policy and become a very important role in socio-economic. Large state-owned enterprises are criticized during the past few years for the diesel shortage and high price lighting events, and the government are also realized that the solution of the dilemma needs the market mechanism and to enhance the competitive.The implementation of anti-monopoly law in china petrochemical industry is the necessary condition for the competition protection and the development of the economic. The biggest problem for the implementation is the coordination between industrial policy and anti-monopoly law. According to the dynamic changes of the competitive of market in petrochemical industry, some region of the market are exception applicable, and the anti-monopoly law is general applicable in the rest of petrochemical industry market, while the industry policy is supplementary applicable. The applicable of anti-monopoly law and the industry policy would regulate the enterprises in the market and protect the workable competition and continually to promote the rapid development of petrochemical industry.There are two problems should be solved during the coordination of the anti-monopoly law and the industry policy. The first is to coordinate the jurisdiction between anti-monopoly organization and the industry regulator. The solution is to give the power to the Antimonopoly Committee, which will identify the region of exemption and the behavior of exemption. The second is the industry policy legislation and implementation should be consistent with the anti-monopoly law and the petrochemical support policy should be based on the market mechanisms. The solution is that the Antimonopoly Committee will coordinate the anti-monopoly organization and the industry regulator, and coordinate the conflict between anti-monopoly law and the industry policy.

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