On The Anti-Monopoly Legal Regulation In China’s Telecom Industry

China Unicom and China Telecom absolutely control the market, and themonopoly phase goes against effective competition in telecom market. The threetelecom enterprises, as primary industries concerning the interests of the state and thepeople, the national economy and people’s livelihood, have play a tremendous role innational economy and people’s livelihood. Therefore, to break the monopoly pattern,we need not only self-regulation of the invisible hand—market, but also governmentenhancing the supervision and control of telecom market and regulating the market bylaws. This paper summarizes several existing monopoly forms in our country’stelecom industry, and analyzes the current situation of domestic anti-monopoly legalregulation and some existing problems, the legislation and practice of anti-monopolylegal regulation in telecom industry in developed countries as reference. Thedeveloped countries’ successes are good inspiration for our country’s anti-monopolylegal regulation. At last, this paper tables proposals from two aspects: improve theanti-monopoly legal system in telecom industry; on the other hand, institutionallymake the anti-monopoly regulation. The framework is as follows:The first chapter defines the concept and nature of the telecom industry, andsummarizes several common monopoly forms in China’s telecom industry: abuse ofmarket dominant position, jointly limit the competition and administrative monopoly.The second chapter first introduces China’s main telecom regulator. Thegovernment supervises telecom industry in four respects: market access, tariffregulation, correlative to each other, and widespread service obligation, then pointsout the existing problems in anti-monopoly legal regulation in China’s telecomindustry.The third chapter introduces the legislation and practice of telecom industry inmain developed countries, and through their advanced forms and experiences of legalregulation in telecom industry, gets the inspiration in anti-monopoly legal regulationreform in our country’s telecom industry.The final chapter explicitly offers proposals to anti-monopoly legal regulation in ourtelecom industry on the basis of previous text. First of all, accelerate the promulgationof Telecommunications Act, harmonize the relations between it and Antitrust Law,and improve the anti-monopoly legal system of telecom industry. Then institutionally perfect anti-monopoly regulation, which is embodied by the following threeaspects: set up independent telecom regulator, reform telecom property system, andtake asymmetric control measures.