交通運輸產業之競爭規範

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Title:	交通運輸產業之競爭規範
Authors:	張懿云;賈凱傑;陳麗娟
Contributors:	淡江大學歐洲研究所
Keywords:	公平交易法;競爭;開放天空;解除管制;Fair trade law;Competition;Open-sky policy;Deregulation
Date:	2006
Issue Date:	2011-10-22 12:34:47 (UTC+8)
Publisher:	臺北市：行政院公平交易委員會
Abstract:	由於交通運輸產業通常具有沈沒成本高、規模經濟之特性，較容易形成聯合、壟斷或價格領導等情形，影響甚劇;另一方面，交通運輸產業本身又屬於民生事業之一環，與人民生活攸關，具有公共運輸性質，因此政府向來採行運輸經濟管制的手段。但是隨著我圓加入WTO在國際化、自由化、與解除管制的趨勢下，政府介入運輸管制或提供補助等行為，對市場競爭的影響究竟如何，頗有再深入分析研究之必要。再者，交通運輸產業包括的範圍及於陸、海、空，其所涵蓋層面極為廣泛，不僅其所根據的運輸法令極為繁複，且所涉及之市場結構與競爭議題各異，因此有必要進一步瞭解運輸法令所涉及之法域範疇及其與競爭法問之競合與豁免問題。此外，當目的事業主管機關涉及反市場競爭行為時，競爭主管機關如何依公平交易法第四十六條之規定適時介入，以建立合理的競爭秩序，亦為本研究所欲釐清的重點。The transportation industry generally has a high sunk cost and the economies of scale that it is easier to form monopoly, concerted actions and price-leading behaviour. On the other hand, the transportation industry also belongs to one of the consumer industry, which related to our daily necessities. Therefore, the transportation industry has some characteristics like public service which the government imposes economic regulation on. In addition to regulation control, the government usually provide the industry with subsidy; for example: direct money subsidy, indirect subsidy, monopolizing the specific business region or transport operating routes, assistance in obtaining the land or permitting the use and development of the land, etc. However, as our country enters the World Trade Organization (WTO); under internationalization, liberalization, and deregulation, how will the government control or provide subsidy to this industry and how will the regulation influence the competition in this market. These are surely something that is worth to research about. Furthermore, the transportation industries includes ground transportation, sea transportation as well as air transportation are very extensively. The law that the transportation industry abides by not only is extremely complicated but it is also involved in various issues of market structure and competitiveness. Therefore it is necessary to further understand the transportation law and what it intrudes in. Besides this, when the regulatory agencies of transportation and communications are involved in the anti-market regulations; how do the agency of fair-competition implicate Article 46 of Fair Trade Law to be involved and to establish reasonable competition order. This is one of the major concerns that this research project will convey. The transportation industry generally has a high sunk cost and the economies of scale that it is easier to fonn monopoly, concerted actions and price-leading behaviour. On the other hand, the transportation industry also belongs to one of the consumer industry, which related to our daily necessities. Therefore, the transportation industry has some characteristics like public service which the government imposes economic regulation on. In addition to regulation control, the government usually provide the industry with subsidy; for example: direct money subsidy, indirect subsidy, monopolizing the specific business region or transport operating routes, assistance in obtaining the land or pennirting the use and development of the land, etc. However, as our country enters the World Trade Organization (WTO); under internationalization, liberalization, and deregulation, how will the government control or provide subsidy to this industry and how will the regulation influence the competition in this market. These are surely something that is worth to research about. Furthennore, the transportation industries includes ground transportation, sea transportation as well as air transportation are very extensively. The law that the transportation industry abides by not only is extremely complicated but it is also involved in various issues of market structure and competitiveness. Therefore it is necessary to further understand the transportation law and what it intrudes in. Besides this, when the regulatory agenCIes of transportation and communications are involved in the anti-market regulations; how do the agency of fair-competition implicate Article 46 of Fair Trade Law to be involved and to establish reasonable competition order. This is one ofthe major concerns that this research project will convey.
Relation:	第13屆競爭政策與公平交易法學術研討會論文集，頁229-255
Appears in Collections:	[Graduate Institute of European Studies] Proceeding

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