论国企价格垄断的反垄断法规制路径

The Anti-monopoly Law Regulating Path of State-owned Enterprises' Monopolistic Price

国企价格垄断不仅损害了市场自由公平竞争,也阻碍了经济效率的提升,更与全面深化经济体制改革及建设统一开放、竞争有序市场体系的发展目标背道而驰。以可竞争市场理论为代表的经济学理论和反垄断法理论的发展与完善,为反垄断法规制该类行为提供了正当性与可行性。我国国企价格垄断的反垄断法规制路径应重点从确定规制的基本原则、确立规制的具体类型及方法这两方面进行建构。

The monopolistic price of state - owned enterprises not only damages free and fair market com- petition, but also blocks the promotion of economic efficiency, and more obviously violates the development of the economic system reform and the construction of a unified and open, competitive and orderly market system in China. The development and perfection of the theory of competitive market as the representative of the eco- nomics theory and the theory of the anti - monopoly law provides legitimacy and feasibility for the anti - mo- nopoly law to regulate this kind of behavior. The anti - monopoly law regulating path of state - owned enterpri- ses＇ monopolistic price in Chin should focus on the following two aspects, that is the determination of the basic principles of the regulations, and the establishment of the specific types of regulation and methods.