关键词: 反垄断法,管制政策,反垄断实施,美国经验

Abstract: To regulate the anti-competitive behaviors of the regulated industries, the antitrust law is overlapped with the regulatory policies. How to deal with the relationship between the two, the mainstream domestic view is that the antitrust law has the priority. The antitrust implementation theory and practice of the regulated industries in the United States can be broadly divided into three categories. First, it emphasizes the weak intervention theory that the antitrust laws should interfere as little as possible in the regulated industries. Second, it stresses that the anti-monopoly law should maximize the intervention in the anti-competition behaviors of the regulated industries. Third, it emphasizes on the co-ordination between the antitrust law and the regulatory policy to regulate jointly the anti-competition behaviors of the regulated industries. The antitrust implementation of China’s antitrust laws in the regulated industries can learn from the American experience, stressing the coordinated regulation upon anti-competitive behaviors of the regulated industries with both the anti-monopoly law and the regulatory policy.

Key words: antitrust law; regulatory policies; implementation of the anti-monopoly; experience of the United States