关于我国管制行业反垄断执法机构的思考

On Completion Authorities in Chinese Regulatory Industry

随着逐渐"放松政府管制、引入竞争机制"的进行,电信、邮政、铁路、电力、民航等管制行业被纳入反垄断法的规制范围。反垄断法统一适用于管制行业,引发了竞争政策与产业政策、反垄断法与行业立法相关条款、反垄断执法机构与行业监管机构的冲突与博弈。反垄断执法机构设置的完善及管制行业反垄断执法机构与行业监管机构竞争规制权力的合理配置,对未来互联网行业、金融业等行业竞争秩序的维护、反垄断公共执行效率的提高、竞争文化的培育及消费者权益的维护都至关重要。实现反垄断执法机构的内部设置优化、按反垄断执法机构与行业监管机构共同执法模式进行配置管制行业的竞争执法权,是完善我国管制行业反垄断执法机构的途径。

With gradually relaxing the government control and introducing competition mechanism, regula- tory industries such as telecommunications, postal services, railways, electricity are included in the scope of anti- monopoly law, thus leading to conflicts and game between competition policy and industrial policy, anti- monopoly law and industry legislation, and leading, competition authorities and regulators. The perfect of com- pletion authority and coordinate the relationship between them is key to maintain the competition order in inter- net industry, financial sector industry in the future, and to improve the efficiency of public enforcement of anti- monopoly law, and to cultivate competitive culture, and to protect consumers＇ lawful rights and interests. It is a way to perfect the competition authority in Chinese regulatory industry by optimizing the competition authority and establishing coordination and cooperation mechanism between competition authorities and regulators.