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行政垄断本质上是一种经济垄断,其主要凭借行政权力和行政行为来实现的,行政垄断存在严重践踏法治,妨害国家经济体制和政治体制改革,助长社会不公平、腐败和违法现象,破坏了自由竞争的市场秩序等危害。但解决行政性垄断并不是靠一部反垄断法所能解决得了的,它需要包括反垄断法在内的各个相关部门法的综合运用,只有一个整体的、宏观的法治理念才可能最终遏制行政性垄断行为。
Administrative monopoly is essentially an economic monopoly, which is mainly achieved through administrative power and administrative behavior. Administrative monopoly has serious violations of the rule of law, hinders the reform of the state’s economic system and political system, promotes social injustice, corruption and illegal phenomena, and undermines the Freely competitive market order and other hazards. However, the solution to the administrative monopoly is not something that can be solved by an antitrust law. It requires the comprehensive application of various relevant departmental laws including the antitrust laws. Only a one-dimensional and macroscopic concept of the rule of law can eventually deter administration Monopolistic behavior.