Study Of The Regulation On The Abuse Of Dominant Position Of EC Competition Law

Competition Law of EC walks to the forefront of the world on regulating the abuse of market dominated position.Focusing on the analysis of Article 82 of Treaty establishing the European Community(ECT),this article has made a research through various typical cases on the judicial practice of European Court in regulating such behaviors of abusing dominate position and point out the advantages and limitations of the Anti-Monopoly Law of China.Finally the author gives some suggestions to the legislation of prohibition of abuse of dominant in China.The article is divided into four parts.The first chapter is named conclusion of regulations on the abuse of dominant position of EC Competition Law.Firstly,it refers to history and development of the EC Competition Law.Secondly,the author introduces the regulations on the abuse of dominant position of EC Competition Law..Thirdly,the author would like to discuss the aims of legislation of abuse of dominant positions of EC Competition Law.The second chapter is named dominant market position and Its Recognition in EC Competition Law.It mainly focus on how to define the relevant market and the explores various elements of defining dominant position,which includes market share and entry barriers.The third chapter is named on defining illegality of abuse of dominant position. Firstly,by reviewing cases from European Court,the author points out the standard,of defining illegality of abuse of dominant positions.Secondly,the author introduces the rule of reason through analyzing the cases and obtains the conclusion that the rule of reason is following the tendency.Thirdly,introducing the types of abuse of dominant position via cases analysis,including predatory pricing,tying arrangement,refuse deal,price discrimination,excessive pricing.The fourth chapter is named the enlightenment of Article 82 of Treaty to China. The author introduces legislation of abuse of dominant position of China,and arrives at the conclusion that legislation of abuse of dominant position of China is missing. Learning from EC Competition Law legislation and experience,the author pointed out the limitations that we may face to referring to the Anti-Monopoly Law of China.