The administrative monopoly has become a common phenomenon in practice, and it has more harmfulness than general monopoly. It damages the market competition and corroded administrative power. Therefore, how to regulate the administrative monopoly effectively has become the focus of economics, and even administrative law. In the theory, the administrative monopoly is usually regulated by moral, political, legal and liability paths. However, these four kinds of control channels have not achieved the ideal effect in practice. Seeking a new way of regulation has become the primary task of anti-administrative monopoly. Through the investigation and comparison of domestic and foreign anti-trust litigation, we know that judicial intervention of administrative monopoly has become a general practice in many countries. Accordingly, in the future, the administrative monopoly regulation in China will turn to the anti administrative monopoly lawsuit. But before that, firstly, we must solve the cohesion between the new and the existing system; rationalize the relationship between anti-administrative monopoly and anti-trust enforcement, between rights to the fair competition and administrative reconsideration in the administrative Litigation.%行政垄断在实践中已成为普遍现象，其比一般垄断具有更大的危害性，损害市场竞争的同时，腐蚀行政权力，因此，如何有效规制行政垄断已经成为经济学、乃至行政法学的焦点。学理上通常以道德路径、政治路径、法律路径和责任路径规制行政垄断，然而，这四种传统的控制渠道在实践中并未取得理想效果。寻求一种新的规制方式，已然成为反行政垄断的首要任务。通过国内外反垄断诉讼的考察与对比，可以得知司法权介入行政垄断已成为多国通用做法，据此，未来我国行政垄断规制应转向反行政垄断诉讼，但在此之前，首先要解决新制度与现有制度之间的衔接，即理顺反行政垄断诉讼与反垄断执法、行政诉讼中的公平竞争权与行政复议之间的关系。
展开▼
