论竞争主管机构与产业监管部门的权力配置

Discuss of the Competition Cognizant Agency and Industrial Regulation Department's Authority Disposition

以反垄断为核心的竞争法与产业监管,是解决市场失灵问题的两种主要方式,虽然存在诸多区别,但各自的制度价值已为实践所证明。竞争主管机构与产业监管部门作为制度的实施者,不同的权力配置模式决定了对市场矫正的效果差异。以竞争法主导下的产业监管与反垄断的相对独立管辖及协调机制,越发成为较优的模式安排。中国市场竞争秩序构建中,反垄断机构与产业监管部门的权力配置可以借鉴这一国际经验,但也应考虑自身改革路径与法律逻辑起点的特殊性。

Take the counter-monopoly as the core competition the market malfunction question two fundamental modes, although law and industrial regulation, solves has many differences, but respective system value had proven for the practice. The competition cognizant agency and the industrial regulation department took system the executor; the different authority disposition pattern had decided rectifies the effect difference to the market. By competition law leadership under industrial supervising and managing with counter-monopoly relatively independent jurisdiction and coordinated mechanism, more and more becomes the superior pattern arrangement. In the China market competition order construction, the countermonopoly organization and the industrial international experience, but also should regulation department＇s authority disposition may profit from this consider own reform way and the legal logic beginning particularity.