价格垄断及立法规制

虽然各国立法分类和理论研究都没有将价格垄断作为一般规制对象而单列,但并不能由此否认价格垄断行为具有相对独立性。对价格垄断行为的立法规制有两种立法体例:一元管制和二元管制。我国采二元管制的立法体例,即国家对价格的监管除了通过反垄断法或竞争法外,还制定专门的综合性价格法。反价格垄断法体系作为一个有机整体,是互相关联、衔接和配合的。反价格垄断法律规制对象有:垄断价格、固定价格、价格歧视和低价倾销。

Price-monopoly and Legislation Regulation

Although every country has not classified and studied monopoly price as a general regulation subject in both theoretical research and legislation, but the relative independence of behavior of price monopoly cannot be denied. There are two legislation styles on regulation of price monopoly:one-system regulation and two-system regulation. China has received the two-system regulation that China regulates the price by not only building the Anti-monopoly law or competition law, but also developing the special price law. Anti-monopoly law system is an organic body which is interrelated and cooperative. The regulation subject of the anti-price-monopoly law includes the monopoly price, fixed-price, price discrimination and price dumping.