关键词: 行政性垄断,事后救济,事前控制,竞争审查

Abstract: From the perspective of anti-monopoly laws, this paper reveals that the regulation mode against administrative monopoly is primarily the type of “relief afterwards”, namely to correct the administrative monopoly behaviors that have occurred by means of administrative law enforcement or judicial remedy. In contrast, to exercise “feed forward control” by means of the competition policy with a wider sense, such as competition censorship, state aid control system and competitive industry laws, can form more effective standards against the administrative monopoly. It is necessary to promote the transformation of China’s regulation mode against administrative monopoly, giving the authorities in charge of the competition more ex ante functions. At the same time, the authorities in charge of competition can take full advantage of their internal coordination mechanism and give full play to the power of the multi-element organizations, so as to get ready to win the social consensus and to obtain political support.

Key words: administrative monopoly; relief afterwards; feed forward control; competitive examination