Study On Anti-Monopoly Law Of Public-Private Partnership In China

Since 2013,the MOF has started to vigorously promote the PPP model of government and social capital cooperation throughout the country.After more than four years of development,the overall size of China's PPP project has exceeded 17 trillion yuan.With the vigorous rise of PPP projects,The ensuing monopoly has become increasingly prominent.Especially at the end of 2016,Jiangsu Industrial and commercial administration launched the first ticket of PPP project in response to the abuse of dominant position of Hua Yan Water in Wujiang District,Suzhou,Jiangsu Province.This caused a great discussion on antitrust law of PPP projects.This article is divided into the following sections:The first part mainly introduces the basic theory of PPP antitrust regulation,including the definition of PPP,operating mode,concept comparison,pointing out the necessity of PPP anti-monopoly;the second part starts from PPP implementation process.The monopolistic behavior and monopoly risk in PPP development stage and implementation stage were analyzed.The analysis of PPP project contract "non-competition clause" boundary and abuse of market dominance status "legal justification" were carried out to reveal the particularity of PPP project monopoly behavior.The third part introduces the Current situation of China's anti-monopoly regulation of PPP projects.First of all,it analyzes the case of the first case of PPP anti-monopoly-Hua Yan Water's abuse of market dominance.Then it discusses the current situation of China's PPP legislation enforcement and points out the difficulties of China's PPP.The fourth part investigates and summarizes the legislative system and specific practices of antitrust regulations in PPP projects in four countries outside the region,and summarizes the common characteristics of successes in the countries outside the region.The fifth part combines the current situation of the anti-monopoly regulation of PPP projects in China and the experiences and lessons of foreign countries,then Some Suggestions are put forward to improve the anti-monopoly regulation of PPP projects in China..