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On the Defects and Its Improvements of Our Country’s Anti-monopoly Law

Author: LiuWeiHua
Tutor: ZhangLinHong
School: Guizhou University
Course: Economic Law
Keywords: Public corporations Natural monopoly Administrative monopoly Economic monopoly Anti-monopoly law
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 56
Quote: 0
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Abstract


In the business, the public utility enterprises may make use of unfair ways, and give damage to the business partners or the other guys related by abusing their advantages of monopoly in the market. We call this case the Public Utility Enterprises Monopoly. This cases turn out to be serious in China and bring out great damage. The public utility enterprises are called as the Last Fort of Planned Economy because of this problem. The reason why the public utility enterprises monopolization forms is complicated. The monopolization is consisted of Natural Monopoly, Economic Monopoly and Administrative Monopoly.In the west, the studies on the anti- monopoly of public utility enterprises are active both in the majors of Economics and Law. The boom in the theories of studying the public utility enterprises monopoly brings out the innovations in the public utility enterprises in actuality. Since the 70s of last century, many developed countries in the west performed innovations on the public utility enterprises and amended the Antimonopoly Law. The right which the public utility enterprises can be exclusive from the Antimonopoly Law was abolished. The laws of the developed countries in the west show that it is necessary and practical to forbidden the monopoly of the public utility enterprises.The Antimonopoly Law and other laws related have disadvantages in the anti-monopoly of public utility enterprises. The Antimonopoly Law concerns with the anti-monopoly of public utility enterprises in some means but basically an exclusive attitude has been adopted by it. In collectivity, it is a transformation law. So the study of the anti-monopoly of public utility enterprises still has important value even though the Antimonopoly Law has been published.The paper wants to supply some advices in the public utility enterprises by basing on the actuality of China and studying the successful experiences of the west countries. First, we should distinguish three different types of monopolies, make difference from the unnatural monopoly to natural monopoly and manage them separately; Second, Some Price Supervision System should be set up for the solution of Economic Monopoly; Third, to solve the problem of administrative monopoly, the administrative property should be polished, the administrative contract relationship should be set up and the administrative market fort should be decreased.

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