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中国《反垄断法》施行以来,与处于垄断地位的石油行业产生很多理论纠葛。石油行业固然具有垄断地位,但与国民经济关系密切,也与国家安全关系密切,鉴于此,《反垄断法》对于石油行业而言,不能够一概归于垄断问题,而应基于对“行业垄断”实质和行为的严格分析,厘清其中的差异和近似之处,从市场经济发展规律等角度分析石油行业,理顺《反垄断法》与石油行业之间的关联和契合,为《反垄断法》在石油行业的适应性作出理论建构。
Since the implementation of China’s Anti-monopoly Law, it has had many theoretical disputes with the monopoly oil industry. Although the oil industry has a monopoly position, it is closely related to the national economy and closely related to national security. Therefore, the “anti-monopoly law” can not be entirely attributed to the monopolization issue to the petroleum industry but should be based on the “monopoly ”Rigorous analysis of the essence and behavior, to clarify the differences and similarities, from the perspective of the law of the development of the market economy, analysis of the oil industry, straighten out the“ Anti-monopoly Law ”and the oil industry, the association and fit for the“ anti-monopoly Act ”in the oil industry to make the theoretical construction of the adaptability.