反垄断机构规制政府反竞争行为能力建设研究

Research on Building Antitrust Agencies' Capacity to Regulate Public Restraints

各国反垄断法的实施经验表明,要减少政府制定、实施法律对竞争的限制,改善竞争制度环境,反垄断机构必须具备相应的机构能力,尤其是要有健全的实施工具体系:竞争评估、竞争倡导和竞争执法。我国反垄断机构能力的提升,需要借鉴先进法域的经验,通过合理确定评估机构、评估范围、评估激励,引入竞争评估机制;通过建立立法(管制)优先咨询制度及反垄断机构对企业被管制行为的普遍管辖,健全竞争倡导机制;通过完善对不合理限制竞争的政府机构以及被管制企业的执法制度,健全竞争执法机制。

It is necessary that antitrust authorities have enough capacities to regulate public restrains on competition and improve the competitive institutional environment. International experience has proved it. Furthermore, antitrust authorities should have a complete tool system, which is made up of competition assessment, competition advocacy and competition enforcement. To improve our antitrust agencies' capacity, we need to learn from the experience of advanced jurisdictions and consistent with the actual conditions of our country. So the author made a number of suggestions. Firstly, in order to construct competition assessment institution, we should select assessment agency, define the scope of the assessment and provide the incentives of assessment. Secondly, in order to construct competition advocacy institution, we should establish legislation priority advisory system, ensure anti-monopoly agencies' universal jurisdiction. Last but not the least, in order to improve competition enforcement mechanism, we should entitle competition agency investigate the antitrust responsibility of government agencies unduly restricted competition, as well as being regulated enterprise.