The Regulation On Abuse Of Dominant Position Analyzed

Abuse of a dominant position is a practice of undertakings which have the dominant market power which undertakings take advantage of its position in order to limit or impede other competitors to take part in the competition on the market. When Anti-trust law still stays the period of starting in China, it must be benefit for the enforcement of Anti-trust law in China that refer to the model of others countries or districts in this aspect. The case Microsoft Corp v EC Commission is typical case that regulates the abuse of market dominant position in Anti-law history. The origin this case was that Sun request Microsoft to disclose the interoperability information,who complaint Commission after was refused by Microsoft, then the Commission considered that there are two kinds of abuses both the refusal to supply and the bundling. Microsoft issued to the EC court due to unsatisfied the decision made by the Commission. The focus firstly is the foundational rationale of anti-trust law relating to this case, including the define to the relevant market, the market dominant position and the abuses of dominant position so on. Secondly, mainly focus on the necessary conditions for a finding of abusive practices: (1) The conditions for the refusal to supply the interoperability information including the interoperability information is indispensible, exclude the competition in downstream market, the new product and the absence of objective justification; (2) The conditions for the bundling of Windows Media Player with the Windows client PC operating system including the existence of two separate products, the compel trade, the foreclosure of competition and the absence of objective justification. In addition, based on the analysis on this case, there are several values for Anti-trust law in enforcement proceeding in China. Through the analysis in detail on this case, it will deepen the understanding to regulation on the abuse of market dominant position in both the theory and practice and provide the useful value on the operation of Anti-trust law in China.