行政指导型垄断的若干基本问题

Some Basic Theoretical Issues upon Administrative Guidance Monopoly

行政指导,作为行政行为的一种,具备行政职权属性,且部分行政指导具备事实上的强制性;行政指导型垄断与经济垄断、行政垄断相比,在内部作用机理方面既有相似性,又有差异性,进而表现出自身独有的特点;行政指导型垄断可基于不同的标准作形态上的划分;行政指导型垄断与经济垄断、行政垄断既存在一定的重合,又存在目前难以归类的特殊情况。对行政指导型垄断这些基本问题的回答,是对其施以更准确反垄断规制和救济的前提。

As one kind of administrative action, administrative guidance has the property of administrative power, and parts of administrative guidance actions are effective and mandatory; Compared with economic monopoly and administrative monopoly, administrative guidance has both similarity and difference between them in the aspect of internal mechanism and then it forms its own characteristics; Administrative guidance monopoly can be divided into different forms based on different criteria; Parts of administrative guidance monopoly overlap economic monopoly and administrative monopoly, the others are so special that they are hardly to be classified cur- rently. The research on these basic theoretical issues is a prerequisite, it provides more accurate antitrust regulations and remedies to administrative guidance monopoly.