我国垄断企业的限制竞争行为及法律对策

在竞争日益激烈的中国市场上,垄断的危害日益凸显,以跨国公司、公用企业和其他依法具有独占地位的经营者为主要主体的垄断企业,凭借其特有的经济优势,实施索取垄断高价、搭售、差别待遇、拒绝交易、掠夺性定价、强制交易等滥用市场支配地位行为以及固定价格、划分市场、联合抵制等垄断协议行为,或者进行以排除或限制竞争为目的的企业并购行为,严重妨碍市场竞争的自由与公平,损害效率,应及时采取包括立法、行政执法、司法等一系列法律对策予以有效规制。

Restricting Competition and Legal Countermeasures in China' s Monopoly Enterprises

In the increasingly competitive markets of China, monopoly hazards have become increasingly prominent. The multinational corporations, public utilities and other operators with monopolistic status by law as the main body of the monopoly enterprises, relying on their havior abusing dominant market position, such as overc unique economic advantages, carry out those of the beharging monopoly high price, selling on tying products, implementing differential treatment, refusal to deal, predatory pricing and compulsory transactions as well as monopoly protocol behavior of fixed prices, markets divided and boycott, or eliminating or restricting enterprise M＆A behavior with the purpose of competition, which seriously impedes free and fair market competition, decreases the efficiency so that a series of legal countermeasures should be timely taken to effectively regulate these behaviors by legislation, administrative law enforcement and judicatory.