China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industri...China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions: (l) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly? (2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies? (3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.展开更多
The implementation mechanism of China’s anti-monopoly system features a double-layered model, where anenforcement framework supports an anti-monopoly committee.This is an advisable choice based on variousconsideratio...The implementation mechanism of China’s anti-monopoly system features a double-layered model, where anenforcement framework supports an anti-monopoly committee.This is an advisable choice based on variousconsiderations like realities in China and experiences abroad.However, this implementation mechanism is not immunefrom defects and problems, which mainly are reflected as follows: the legal basis for anti-monopoly actions needs tobe improved and coordinated, and anti-monopoly entities need to coordinate with one another and enhance theircompetency.A stronger and better anti-monopoly implementation mechanism will help to promote China’s socialistmarket economic system.展开更多
文摘China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions: (l) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly? (2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies? (3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.
基金financially aided by Multinational Companies and Nations in the Backdrop of Globalization, a project of Key Research Base of Humanities and Social Sciences under the Ministry of Education (project approval No. : 05JJD790013).
文摘The implementation mechanism of China’s anti-monopoly system features a double-layered model, where anenforcement framework supports an anti-monopoly committee.This is an advisable choice based on variousconsiderations like realities in China and experiences abroad.However, this implementation mechanism is not immunefrom defects and problems, which mainly are reflected as follows: the legal basis for anti-monopoly actions needs tobe improved and coordinated, and anti-monopoly entities need to coordinate with one another and enhance theircompetency.A stronger and better anti-monopoly implementation mechanism will help to promote China’s socialistmarket economic system.