尽管《反不正当竞争法》将行政垄断纳入了调整范围，但制止行政垄断的机关被规定为上级政府机关，而且《反不正当竞争法》又没有赋予监督检查部门对行政垄断的收益者即被指定经营者无条件处罚权。虽然“监督检查部门应当没收违法所得，可以根据情节处以违法所得一倍以上三倍以 Although the Anti-Unfair Competition Law included the administrative monopoly into the scope of adjustment, the organ that stopped the administrative monopoly was stipulated as a higher-level government agency. Moreover, the Anti-Unfair Competition Law did not give supervisory and inspectors the benefit of administrative monopoly Designated operators to unconditionally punish. Although "the supervision and inspection department shall confiscate the illegal gains, it may, according to the circumstances, impose more than three times the illegal gains