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当前我国某些经营者垄断行为有行政支持的背景。其原因是多方面的,如政府和市场的职能尚未彻底分开,反垄断法受其他法律政策的制约较大,对行政行为监督的法律制度还不够健全,行政公开和透明度也还不足。在现有法制和社会环境下,为分析经营者行为的合理性,需冷静审视垄断行为的行政背景,把握好突出制度利益、提高执法(司法)效益、适度公开背景等三个问题。
At present, some operators in our country have administrative support for their monopoly behavior. There are many reasons for this. For example, the functions of the government and the market have not been completely separated. The antitrust laws are more restricted by other laws and policies. The legal system for supervising administrative actions is not yet sound and the administrative openness and transparency are not enough. Under the current legal system and social environment, in order to analyze the rationality of the behavior of managers, we need to calmly examine the administrative background of monopolistic behavior and grasp three issues: highlighting the interests of the system, improving the efficiency of law enforcement (judiciary) and appropriately disclosing the background.