事关水电气热等领域,公用事业领域反垄断指南出台
证券时报·2026-02-11 12:14

Core Viewpoint - The article discusses the issuance of the "Antitrust Guidelines for the Public Utilities Sector" by the State Council, aimed at preventing and curbing monopolistic behaviors in public utilities, ensuring fair market competition, and protecting consumer and public interests [1][4]. Group 1: Background and Purpose - The public utilities sector, which includes water supply, electricity, gas, heating, sewage treatment, waste disposal, and public transportation, often exhibits natural monopolistic characteristics [7]. - Recent years have seen a rise in monopolistic behaviors within this sector, where operators extend their monopolistic advantages to upstream and downstream competitive segments, limiting market competition [2][8]. - The guidelines consist of seven chapters and 50 articles, summarizing enforcement experiences and providing clear rules for identifying monopolistic behaviors in public utilities [2][9]. Group 2: Key Contents of the Guidelines - The guidelines outline the overall principles for antitrust enforcement in the public utilities sector, emphasizing the need for operators and industry associations to establish compliance management systems to prevent risks [12][14]. - Specific provisions include the clarification of the rights and procedures for whistleblowers, and the prohibition of monopolistic behaviors through data algorithms [15][16]. - The guidelines detail the forms of monopolistic agreements and the conditions under which certain agreements may be exempt from prohibition [18][21]. Group 3: Market Dominance and Abuse - The guidelines provide a framework for analyzing the abuse of market dominance, including factors for determining whether a public utility operator holds a dominant market position [22][24]. - They specify considerations for identifying unfair pricing, refusal to deal, and other abusive practices, along with common justifications that may not be accepted as valid [26][27]. - The guidelines also address the review of operator concentrations, particularly in natural monopoly segments, and the potential requirement for operators to report concentrations that may restrict competition [27][28]. Group 4: Legal Responsibilities and Enforcement - The guidelines clarify the legal responsibilities of public utility operators and industry associations in cases of antitrust law violations, including the consequences of aiding in monopolistic agreements [32][34]. - They emphasize the importance of compliance with antitrust regulations and the potential for penalties to be recorded in credit histories, highlighting the collaborative enforcement approach among regulatory bodies [34].

事关水电气热等领域,公用事业领域反垄断指南出台 - Reportify