论抽象行政行为的反垄断机构竞争审查

On the Competitive Review of Abstract Administrative Act by Antitrust Authority

反垄断机构的抽象行政行为竞争审查,是以竞争法为视角对抽象行政行为限制竞争的正当性评价,是行政机关内部对政府反竞争行为的自我约束和监督机制。此制度的有效实行,首先需要一个独立而有权威的反垄断机构,尤其是在经济转型国家。这就亟需对我国反垄断机构予以重塑,并理顺其与其他行政机关的关系。在此基础之上,将行政规章和行政规范性文件纳入反垄断机构竞争审查的范畴,予以事前、事后相结合的日常审查和一定频率的集中审查。

Competition review of the abstract administrative act by antitrust authority is a just evaluation on abstract administrative act competition restriction in the view of competition law,and is the self- restraint and self-supervision mechanism of government anti competition behavior internally in the administrative organs. To effectively implement this system,first of all,an independent and authoritative antitrust authority is needed,especially for countries in economic transition. It is needed to reshape the antitrust authority in China,and to straighten out the relation between the antitrust authority and other administrative organs. On this basis,it is needed to include administrative regulations and administrative normative documents into the scope of antitrust authority competition review,and to practice daily review before and after the event,and centralized review at a certain frequency.