Regulation Over USERS And Its Abuse Of A Dominant Position Under Anti-monopoly Law

"USERS", which is a form of Undertakings granted With Special or Exclusive Rights by state, is a concept from the EC Treaty of Rome. USERS' abuse of a dominant position is mainly based on two conditions: in the first place, USERS' ability of restricting competition is attained through the illegal authorization by governmental departments or local authorities; in the second place, USERS is granted special or exclusive rights lawfully by government but abuses its dominant position. USERS' abuse of its dominant position directly harms public interests, as well as consumers' welfare. It harms greatly to the establishment of fair and stable market competition environment. Therefore it is imperative to regulate the USERS' abuse of a dominant position by Anti-Monopoly Law.The exclusive power has its close relations with the acts of authorization by the government. The text thus first divides the authorization into two categories: legal and illegal authorizations. Secondly, the text analyzes the way of abusing the dominant position by USERS and introduces regulatory experiences of other countries. Lastly, the text makes suggestion on the regulation over USERS' abuse of the dominant position.The main content of the text is as follows: in the first part, it' s a brief definition of the title "studies on the regulation over users and its abuse of a dominant position under anti-monopoly law" and the structure of this article. In the second part, it' s an detail analysis on two types of abuses of the dominant position: Firstly, it explains monopoly problems caused by the illegal authorization by governments: the concept and nature of illegal authorization, the phenomenon and character of local market segmentation, which is a model of monopoly caused by illegal authorization, its historical background and the resulting harms. Secondly, it explains the public undertakings' monopolization problems arising from the abuse of the dominant position legally granted: Public undertaking' s abuse of its dominant position by introducing the case of compulsory business by water supplier in hekou of jilin province, the rationality of special powers owned by public undertakings, then the harms caused by public undertaking' s abusive practice. In the third part, it first introduces the regulatory experiences and reform practice in EU, USA, U. K., Japan and so on. Then it suggests the ways of regulating users and its abuse of a dominant position from an anti-monopoly law perspective.