行政监管与反垄断互动演进的历史逻辑——以传统垄断行业的规制改革为视角

The Historical Logic of Interactive Evolution between Administrative Regulation and Antitrust——A Perspective Based on Regulatory Reformation of Traditional Monopoly Industries

行政监管与反垄断是政府基于不同的政策目标而对传统垄断行业进行的外部干预。垄断行业的行政监管与反垄断规制经历了一个自由竞争下的反垄断规制、初期监管与反垄断的融合、严格监管下反垄断的弱化乃至退出、放松监管下反垄断法的再引入的演进历程。中国垄断行业的规制改革应当承接世界范围内放松监管、强化反垄断规制的整体趋势,不断放松准入和价格规制,弱化国有企业垄断并将其统一纳入反垄断规制,以解决垄断行业在供给、价格、效率等方面存在的诸多问题。

Administrative regulation and antitrust are external interventions from government,which has different policy objectives to conduct the traditional monopoly industries. From a historical perspective,administrative supervision and anti-monopoly regulation experienced a revolution. Specifically,the antitrust regulation initiated with integration between the regulation and supervision under a free environment. Later on,it went through antitrust deregulation and even exiting strategies under a strict environment. Last,it is a reintroduction of antitrust regulatory policies under less restricted environment. In our country,the regulatory reformation of monopoly industries should induce an overall trend from worldwide,which is deregulation against this industry. More specifically,it is to strengthen anti-monopoly regulation,to continue a less supervision environment,to induce a loose access to industry,to maintain less price regulation and to weaken the influence of state-owned monopoly enterprises and integrate them into an unified anti-monopoly regulation,so that it resolves many problems in the monopoly industries such as supply,price and efficiency issues.