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美国是市场经济发达国家,其维护市场竞争的法律体系仍在不断完善。在航空运输领域,司法部反托拉斯局负责规范垄断行为和限制性竞争行为,运输部负责规范不正当竞争行为,并享有授予航空运输企业反托拉斯法豁免的权利。司法部和运输部的竞争执法对美国乃至全球的航空运输产生了深远的影响。我国民航体制改革,可以借鉴美国在市场监管方面的经验和做法。我们将航空运输企业推向市场,参与激烈的市场竞争,必须以健全的市场监管机制做保障。在我国《反垄断法》尚未出台的情况下,尽快制订航空运输市场竞争规则,规范企业在市场中的垄断行为、限制性竞争行为和不正当竞争行为,建立符合国家和公共利益的安全高效的航空运输体系,是亟待解决的一个课题。
The United States is a developed market economy and its legal system for maintaining market competition is still constantly improving. In the field of air transport, the Antitrust Division of the Ministry of Justice is responsible for regulating monopolistic behavior and restrictive competition. The Ministry of Transport is responsible for regulating unfair competition and enjoys the right granted the antitrust exemption for air transport enterprises. Competition law enforcement by the Department of Justice and the Department of Transportation has had a profound impact on air transport in the United States and around the world. China’s civil aviation system reform can learn from the experience and practice of the United States in market regulation. We will air transport enterprises to the market, to participate in fierce market competition, we must be a sound market regulatory mechanisms to protect. Under the circumstance that China’s “Anti-Monopoly Law” has not yet been promulgated, the competition rules of the air transport market should be formulated as soon as possible to regulate the monopolistic behavior, restrictive competition and unfair competition of the enterprises in the market, and to establish a safe and efficient system in line with the national and public interests Air transport system, is a problem to be solved.