| The telecommunications industry is a basic industry and a pillar of the country’s livelihood and social development.The high cost of infrastructure construction,low marginal cost and network externalities make the telecoms industry a natural monopoly.With the advancement of technology,the natural monopoly property of the telecommunication industry is gradually reduced,and the boundary between basic telecommunication business and value-added business is gradually obvious.This paper firstly compares the anti-monopoly history of China.From the operation of the Ministry of Posts and Telecommunications to the co-existence of several telecom operators,although competition existed in the telecom market,it did not form an effective competition situation.The long-standing monopoly has resulted in negative consequences such as the loss of consumer rights and interests and the loss of incentives for monopolists to innovate and operate efficiently.This paper analyzes the main monopoly problems and the current status of legal regulation in China’s telecommunications industry,based on China’s Anti-Monopoly Law,distinguishing between basic and value-added telecommunications services.In the section on solutions,the paper firstly discusses the desirable effects of regulation,and then takes industry regulation and anti-monopoly law regulation as the two major veins.In response to the problems mentioned in the previous section,the main measures for industry regulation are to formulate a telecom law,improve the interconnection and universal service mechanism,rationalize the allocation of telecom resources,asymmetric regulation and strengthen the supervision of state-owned operators;the main measures for anti-monopoly law regulation are to improve the anti-monopoly law on civil legal liability,administrative law,and the legal system.Antitrust enforcement agencies should increase ex-ante and ex-post supervision;in terms of private enforcement,the antitrust litigation system should be improved. |
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