Study Of Antitrust Law In Public Utility

Public Utility service for public.for a long time ,for it's character of public service and natural monopoly,people took it for grant that Public Utility should work in monopoly mode. Public Utility is always exernpt from antitrust law. That have a lasting effect on our country's policy .but along with innavation ,people take cognizance of that public utility is not special field and it will be invalidation if there is shore of antitrust law, in despite of there are many other law.This text has defined the public trade at first. Have analyzed the trade characteristic of the public trade on definition basis. For it's naturally monopoly, public trade is essential, public trade is a special enterprise type, As a result of it own characteristic, decided its market is impossible the full competition market. compares with enterprise in the competitive market it has many disadvantage, but must see its monopoly existence certain rationality. Carries on strict supervising and managing to it in the legislation original intention is good.The good desire uncertain bands with the good result. Therefore the counter-monopoly law has not appeared, the author in this article analyse function characteristic of counter- monopoly law. The exemption system is suitable about the counter-monopoly law. Regarding the exemption system reasonable design, is may play the vital role in the public profession counter- monopoly. First it may determine the profession general suitable principle, brings into line with the public profession counter- monopoly the counter- monopoly method field of vision. Next it must be monopolized the link for the discrimination profession in monopoly, in the change monopoly structure, reduced in the monopoly behavior type to play the role, It could really have "the nature monopoly". once more through the exemption system the characteristic link, it will give the exemption status, avoids excessively competition which "all at once" will bring. It is introduces the competitive system the necessary system condition. During function analysis, also proposes the utilization principle: "Generally is suitable, exceptional case exemption", behavior exemption and infrastructure principle.After cleaning up theory that was base of the existing counter- monopoly laws andregulations system, we discovered that counter- monopoly effection was not well, The reason one is that the guiding ideology was backward, two is lacks the special counter-monopoly law.The counter- monopoly law is not multi-purpose.Antitrust law must meet the laws and regulations to a coordinated condition. We must pays attention in some questions in the legislation. In legislation suggestion, proposed the increase monopoly strength abuses the type which enumerates "to refuse to interconnect exchanges the behavior";Proposes the monopoly law and other laws and regulations, specially with profession legislation coordinated principle;Proposed takes the administrative monopoly as the counter-monopoly law rules object;Proposed "generally is suitable, exceptional case exemption" suggestion and so on exemption principle.