规制与豁免:电网企业视野中的反垄断法适用解读

Regulation and Exemption:Interpretation on Application of the Anti-monopoly Law from the Viewpoint of Power Grid Companies

《反垄断法》的出台,在制度基础上完善了我国的竞争法律体系。对限制和妨碍竞争的行为规制将有助于我国市场功能的发挥,也是对经济民主和民生诉求的回应。作为传统自然垄断行业,电网企业如何正确理解和适用《反垄断法》意义重大。电网企业一方面要善于利用法律保护国有经济占控制地位、关系国民经济命脉和国家安全的行业及其合法经营活动;另一方面要重点防范或治理自身可能存在的滥用市场支配地位行为,实现依法经营。

The debut of the Anti-monopoly Law improves China＇s legal framework regarding competition in terms of institutional foundation. Control on behavior that restricts and hinders competition will help China＇s market function efficiently, which also responds to the appeal for economical democracy and the people＇s livelihood. Operating in a traditionally natural monopoly industry, it is extremely significant for power grid enterprises to properly understand and apply the Anti-monopoly Law. Therefore we propose that electrical grid enterprises should be good at using the law to defend the dominating position of the state-owned economical elements and protect the industries and their legal business operations that have a vital beating on the lifeline of the national economy and state security. On the other hand, they should also focus on preventing or controlling their own possible behavior of misuse of their market dominant position so as to achieve lawful operations.