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《反垄断法》对垄断国有企业实行适用除外,造成了国有企业与其他市场主体不平等的竞争地位。随着自然垄断理论、公共利益理论的发展,国有企业垄断的理论依据已经发生变化。在国有企业内引入竞争机制,将其纳入《反垄断法》的规制范围,对国有企业的垄断行为予以规制而对其垄断结构予以保留,是我国《反垄断法》从“纸上谈兵”走向发挥功效的必由之路。
Apart from the application of the Antimonopoly Law to the monopoly state-owned enterprises, it has caused the state-owned enterprises to compete unequally with other market players. With the development of natural monopoly theory and public interest theory, the theoretical basis for the monopoly of state-owned enterprises has changed. The introduction of a competition mechanism in state-owned enterprises to include them in the regulatory scope of the “Anti-monopoly Law”, the regulation of the monopolistic behavior of state-owned enterprises and the retention of their monopoly structure are the steps that China’s “anti-monopoly law” The only way to work.