电影产业纵向一体化对反垄断法的挑战及制度重构——基于法国电影反垄断体系研究

随着电影产业的不断发展,电影公司采取的纵向一体化战略对现有的反垄断体系提出了严峻的考验,国内外对于电影产业反垄断体系的立法经验与法律实践表明电影产业的良性发展必须依靠反垄断法的调整和保障。基于对法国电影产业反垄断体系的研究,发现法国以《电影行业法》为基础,建立起专门的适用条例和管理部门,并通过电影调解员来连接电影公司与执法机构,实现了行业内部监督与国家监管的有机结合。针对国内电影行业的反垄断体系的发展方向,认为我国在体系设计上要将法定性与适当性作为电影产业反垄断体系的基本原则;要把事前规制与事后救济作为电影产业反垄断体系采取的必要手段;体现灵活性和时代性是电影产业反垄断体系发展的必然要求。

With the continuous development of the film industry, the vertical integration strategy adopted by film companies has put a severe test on the existing anti-monopoly system. The legislative experience and legal practice of the antimonopoly system of the film industry at home and abroad show that the sound development of the film industry must rely on the adjustment and protection of the anti-monopoly law. Based on the research on the anti-monopoly system of the French film industry, it is found that France has established special applicable regulations and management departments based on the "Film Industry Law", and connected film companies and law enforcement agencies through film mediators, realizing internal supervision of the industry Organically integrated with national supervision. Aiming at the development direction of the antimonopoly system in the domestic film industry, it is pointed out that in the design, legality and appropriateness are the basic principles of the anti-monopoly system of the film industry;preregulation and post-relief should be taken as necessary means for the anti-monopoly system of the film industry Reflecting flexibility and timeliness is an inevitable requirement for the development of the anti-monopoly system of the film industry.