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我国《反垄断法》正式实施以来,第一次指向了大型国有企业——对中国电信和中国联通宽带接入领域进行反垄断调查。随后,引发了国内主流媒体的激烈论战。从表面上看这是电信和广电之争,其实是双方对“三网融合”主导权之争。自国家启动三网融合战略以来,双方的争夺就不断,使得三网融合是融而不合,这体现出我国反垄断法对三网融合的到来准备不足。然而面对三网融合这一新生产业,仅仅完善反垄断法是不够的,需要反垄断法与专门行业法律契合,以推动三网融合在我国健康发展。
For the first time since China’s “Anti-Monopoly Law” was put into practice, it has pointed to large state-owned enterprises for conducting antitrust investigations in the fields of broadband access to China Telecom and China Unicom. Subsequently, triggered a heated debate in the mainstream media. On the surface, this is a dispute over telecommunications and broadcasting. In fact, it is a dispute between both parties over the dominance of “triple play”. Since the country launched the strategy of triple play, the competition between the two sides has continued, making the integration of triple play is amalgamating. This shows that our antitrust law lacks the preparation for the triple play. However, in the face of triple play and new-born industry, it is not enough to perfect antitrust law alone. Antitrust law and law of specialized industry are required to promote the healthy development of triple play in our country.