我國民生氣體燃料市場競爭機制之引進與公平交易法之關係

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Title:	我國民生氣體燃料市場競爭機制之引進與公平交易法之關係
Authors:	陳志民;莊春發
Contributors:	淡江大學公共行政學系;淡江大學產業經濟學系
Keywords:	反托拉斯法;市場競爭;樞紐設施;簡易配管制度;競爭機制;antitrust;market competition;the essential facilities;the uncomplicated;pipelining system;competitive mechanism
Date:	2004
Issue Date:	2009-11-30 14:17:38 (UTC+8)
Publisher:	臺北市：行政院公平交易委員會
Abstract:	我國民生氣體燃料市場區分為液化石油氣與天然氣兩種。前者之市場經過政府兩次的市場開放，已朝向競爭體系之發展。後者之市場則因規模經濟與資本需求龐大之關係，目前仍處於雙重獨占之情形，需目的主管機關嚴密的監控，才能保障消費者權益。回顧先進國家兩種民生氣體市場之發展情況，以及其競爭政策執行方向，發覺基本上都曾出現天然氣業者侵入液化石油氣市場的事實。對此市場變化的衝突，日本政策上採行簡易配管制度，做為二者之介面和緩衝區，並以70 戶為界要求其分別接受「瓦斯事業法」與「液化石油氣法」的規範。相對的，美國政府的政策則以「反托拉斯法」做為解決之手段。基於競爭理論和參酌先進國家的經驗，我國民生氣體市場競爭機制的建立方法，基本上有1) 增加市場參與之廠商數，使「市場競爭」效果得以實現2)將樞紐設施另外成立獨立公司，並要求相關之業者有公平使用之機會， 3)由供給面角度，引進簡易配管制度。根據以上研究之結果，本文的建議是1)液化石油氣市場應加強上、下游業者的不公平競爭的關注， 2)天然氣市場，則應加強研究市場規模問題，長期評估進口市場開放的可能性，以落實市場開放之目標。中期則在中油公司民營過程中，完成市場樞紐設施的切割。近期可考量「代輸」之可行性與效率做法。3)針對兩種民生氣體的競爭機制的引進，則可參酌日本經驗，引進簡易配管制度，使雙方在供給面建立替代功能，從而產生競爭之效果。The markets of fuel for consumer uses in Taiwan include the liquefied petroleum gas (LPG) market and natural gas (NG) market. The former had undergone two deregulations and has since been moving towards a competitive market. Due to scale of economies and capital requirements, the latter is still bilaterally monopolized. Therefore, the need to protect consumers' interest calls for stricter scrutiny from the government. The developments of and competition policies concerning these two markets in advanced countries have revealed the potential for NG operators to encroach LPG markets. In response to its market impacts, Japan has adopted the uncomplicated pipelining system as an interface and buffer zone for both markets, with 70 households as its dividing line, and brought the two markets under the regulations of "Gas Business Law" and "LPG Business Law" respectively. In contrast, antitrust law is the principal means employed by the U.S. government to regulate both markets. Taking into account competition theories and the experiences from advanced countries, there are three fundamental ways to establish the competitive mechanism in the fuel market for consumer uses in Taiwan: (1) Increase the number of market participants to realize the effect of competition; (2) Incorporate the essential facilities as independent firms and impose thereupon the duty of fair and open access; (3) Introduce the uncomplicated pipelining system on the supply side. Based on the research conclusions of this project, we suggest that: (1) more attention should be paid to unfair competition among upstream and downstream firms in LPG market; (2) studies on the issues of NG market scales should be encouraged to evaluate the possibility of further opening the market in the long run. In the middle, the separation of essential facilities during the privatization of Chinese Petroleum Company should be completed. For short-term purpose, the feasibility of efficiently applying the "contracted transportation" method should also be considered; (3) introduce Japanese uncomplicated pipelining system to create substitutability between suppliers in these two markets and thereby induce the emergence of a competitive mechanism. The markets of fuel for consumer uses in Taiwan include the liquefied petroleum gas (LPG) market and natural gas (NG) market. The former had undergone two deregulations and has since been moving towards a competitive market. Due to scale of economies and capital requirements, the latter is still bilaterally monopolized. Therefore, the need to protect consumers' interest calls for stricter scrutiny from the government. The developments of and competition policies concerning these two markets in advanced countries have revealed the potential for NG operators to encroach LPG markets. In response to its market impacts, Japan has adopted the uncomplicated pipelining system as an interface and buffer zone for both markets, with 70 households as its dividing line, and brought the two markets under the regulations of "Gas Business Law" and "LPG Business Law" respectively. In contrast, antitrust law is the principal means employed by the U.S. government to regulate both markets. Taking into account competition theories and the experiences from advanced countries, there are three fundamental ways to establish the competitive mechanism in the fuel market for consumer uses in Taiwan: (1) Increase the number of market participants to realize the effect of competition; (2) Incorporate the essential facilities as independent firms and impose thereupon the duty offair and open access; (3) Introduce the uncomplicated pipelining system on the supply side. Based on the research conclusions of this project, we suggest that: (1) more attention should be paid to unfair competition among upstream and downstream firms in LPG market; (2) studies on the issues of NG market scales should be encouraged to evaluate the possibility of further opening the market in the long run. In the middle, the separation of essential facilities during the privatization of Chinese Petroleum Company should be completed. For short-term purpose, the feasibility of efficiently applying the "contracted transportation" method should also be considered; (3) introduce Japanese uncomplicated pipelining system to create substitutability between suppliers in these two markets and thereby induce the emergence of a competitive mechanism.
Relation:	第十一屆競爭政策與公平交易法學術研討會論文集，頁165-233
Appears in Collections:	[Graduate Institute & Department of Industrial Economics] Proceeding [Graduate Institute & Department of Public Administration] Proceeding

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