| Utilities, it is refers to the postal service, telecommunications, power supply,water supply, gas supply, heat supply and public transportation to provide publicproducts and public service enterprise. They are monopoly industries in our countryfor many times, but with the development of market economy, the disadvantages ofthe monopoly industry appears day after day, such as unfair competition order affectthe healthy development of the market economy; The public enterprise restrictions ofcompetition behavior causes the low efficiency of its operation; The powerconcentrated, trigger social corruption; Property of a single, not perfect administerstructure. These drawbacks lead to public enterprise of monopoly can not meet thedevelopment of modern economy, so for the public enterprise reform and antitrust isvery necessary.This paper will be divided into four part, the first part mainly expounds the basictheory, the second part, as example of the telecommunication, analyzed the currentsituation of the monopoly of public enterprises, and the third part explain theanti-monopoly law regulation present situation of public utilities in China, the fourthpart is to perfect our country’s public enterprise anti-monopoly law regulation plan.The main purpose of this paper is to analysis the public utility enterprises and theanti-monopoly law and regulations of the public utility enterprises, find out problems,and finally proposes the solution to the problem, that is, perfect the anti-monopoly lawin our country, and how to improve. In certain fields, and to telecom industry as anexample and puts forward that we should formulate the telecommunications law andtelecommunications law regulation system idea: first, introduced effectivecompetition, because the market competition strength can promote the productionefficiency and the social efficiency and improve the service level of public enterprises;Second, established the anti-monopoly enforcement authority, because in British andAmerican where antitrust are perfect, they all have independent, authoritative andspecial antitrust law enforcement agencies, In order to regulation the monopoly of thepublic enterprise, we should construct the independent anti-monopoly enforcementauthority, on the one hand, ensure the effective implementation of the anti-monopolylaw, on the other hand it can also as the antitrust investigation, law enforcement agencies; Three, perfect the telecommunications law", and other relevant industrylegislation, such as for the telecommunications industry, we should perfect thesupervision responsibilities ministry of information industry, in addition to theresponsibilities of the basic to the telecommunications, ministry of informationindustry should conduct antitrust regulation, anti-unfair competition supervision, dealthe existence of reject trade in the telecommunications industry, and bound sales,tie-in sale of problems.definition and solutions, the punishment should clear listed inthe telecommunications law ". On the other hand, should relax the access to themarket of telecom industry, relax license management, besides basic network facilitiesof service operators, we could implement execute register, approval system. |
