Research On Anti-monopoly Law Regulations Of The Telecommunication Industry In China

The monopoly of the telecommunication industry has always been a hot topic of publicconcern. The telecommunication industry has a natural monopoly and in the meantimeChina’s telecommunication industry pattern makes the industry have administrative monopolyelements. China’s telecommunication industry has gone through several reorganizations andreforms and finally forms the three major telecommunication companies of Telecom, Unicomand Mobile. Although the telecommunication industry forms a new competition pattern, themonopoly which restricts the long-term development of the industry has not yet completelysolved. After the telecommunication industry enters the era of3G, new forms of expressionhave emerged in the monopoly.This paper takes the issue of the investigation into the alleged anti-monopoly of ChinaTelecom and China Unicom by National Development and Reform Commission in2011asthe starting point and proposes the issue of the law regulations on the monopoly of thetelecommunication industry. In combination with the background of the production ofChina’s telecommunication industry and the whole development process, this paper probesinto the status quo and the problems of China’s telecommunication industry in theanti-monopoly law regulations at present. In the meantime, this paper, by comparing theexperience and defects of foreign anti-monopoly law regulations in the telecommunication,proposes the thoughts on the improvement of the Anti-monopoly Law, law regulations on themonopoly of the telecommunication industry, and the coordination between theanti-monopoly law regulations of the telecommunication industry and the industry regulationson the anti-monopolyThis paper consists of four parts.Part I overviews the anti-monopoly of China’s telecommunication industry, elaboratesthe natural monopoly property and the administrative monopoly property of thetelecommunication industry, analyzes the success and failure of reform through the study ofsuccessive development and reform courses of the telecommunication industry, summarizesthe main monopoly acts of China’s telecommunication industry at present, namely the act ofmarket division by combining efforts to restrict competition and the price discrimination actby abusing the dominated market as well as analyzes the harm of the monopoly of the telecommunication industry to the industry and the consumers, thereby introduces thenecessity of the anti-monopoly law regulations of the telecommunication industry.Part II elaborates the problems of China’s telecommunication industry in anti-monopolylaw regulations from three aspects: the defects of the anti-monopoly law regulations of thetelecommunication industry, the lack of experience in law enforcement and the lack ofcoordination between the anti-monopoly industry control agencies of the telecommunicationindustry and the anti-monopoly law enforcement agencies.Part III, by comparative analysis of the relevant status quos of the anti-monopoly lawregulations of the telecommunication industry in the United States, the Great Britain and theEuropean Union, proposes beneficial references for the anti-monopoly law regulations ofChina’s telecommunication industry, which include emphasizing that the break of the industrymonopoly needs a market process, the improvement in legislation and the establishment ofindependent anti-monopoly control agencies of the telecommunication industry.Part IV proposes thoughts and suggestions for the anti-monopoly law regulations ofChina’s telecommunication industry, puts forward the idea of solving the anti-monopoly lawregulations of China’s telecommunication industry to ensure the healthy and orderlydevelopment of the telecommunication industry by formulating the Telecommunication Law,the special law for the telecommunication industry, improving the relevant provisions of theAnti-monopoly Law, defining the respective authorities of the telecommunication industrycontrol and the anti-monopoly law regulations and establishing the communication andcoordination mechanism between the two departments.