行政垄断的反垄断法规制

行政垄断是行政机关滥用行政权力介入市场竞争的行为,反垄断法对此应起到基础性的调整作用。对于抽象行政垄断行为,反垄断法可以起到上位法的作用,作为否定下位抽象垄断行为的依据。而从事具体行政垄断行为时,行政机关实质上具有市场主体身份,相当于具有市场支配地位的企业,可以适用反垄断法关于支配地位滥用的规制方法,而并没有提出反垄断法上全新的理论问题,其主要意义是宣示性的。目前我国相关立法最需完善的是相关的责任制度以及执行机制。

The Anti-Monopoly Law''''s Regulation of Administrative Monopoly

Administrative monopoly is in nature the abuse of administrative power in marketrelationship, and anti - trust law should play a leading role in its regulation. It can deny the validity of abstract administrative monopoly acts conflicting with it and its rules on dominant position can apply directly to specific administrative monopoly acts, where the administrative bodies is in fact acting as subjects of market. It does not create new theoretical questions in anti - trust law and its significance is mainly limited to the declaration of its illegality. The most important steps now are to establish suitable liability system and enhance its enforcement.