Abuse Of Dominant Market Position, Legal Issues. Antitrust Laws

Prohibition of abuse of dominant position is one of three important pillars of anti-monopoly law, the dissertation is divided into five chapters to carry out a serious research on prohibition of abuse of dominant position, refer to it's remarkable significance of theoretical research for legislation and judicial practice in anti-monopoly field.Chapter one firstly explores definition of abuse of dominant position and then theoretically categorizes it on the basis of definition to define particular scope of the dissertation's research on it; thereafter the chapter elaborates it's damage to market competition, economic development and consumers' welfare, and illustrates it's importance, discusses it's legislative structures in anti-monopoly law, emphasizes the necessity of regulation on it; the chapter lastly summarizes legislation of prohibition of abuse of dominant position and concurrently makes a comparative study of it's legislation of those countries and international organizations which have enacted well-developed anti-monopoly laws up to now in the world, further emphasizes it's importance in anti-monopoly law.Chapter two chiefly establishes the author's new viewpoints in the dissertation about abuse of dominant position through economic analysis and comparative study. The contents of Chapter two primarily includes: according to four forms of competitive market structure of economic theory, the author suggests to treat with changing relationships among four competitive market structure with dynamic and developing perspective, through a presumption that the market structure change slowly pursuant to direction of market of perfect competition-market of monopolistic competition-market of oligopoly-market of complete monopoly, thus explains forming process of dominant position, analyzes legal status of dominant position, proves that only abuse of dominant position be prohibited. At the basis of previous studies, the author makes a further study of dynamic relations among merger of enterprises, conspiracy of enterprises, abuse of dominant position, finds the reason which anti-monopoly law is composed of three pillars, such as prohibition of conspiracy of enterprises to limit competition, supervision of merger of enterprises, prohibition of abuse of dominant position, makes the three pillars of anti-monopoly law be elaborated as an organic whole. Thereafter, the author explores various elements of defining dominant position, which include defining relevant market, analyzing concentration ratio, consideration of entry condition of market, etc. Through a comparative studyof abuse of dominant position with various monopolistic behaviors, the author thus concludes viewpoints such as: firstly, abuse of dominant position is in itself more complicated, more concealed, more appearing forms, more stable, more difficult to be regulated by the authority than other monopolistic behaviors, finally gets an important conclusion which abuse of dominant position is an advanced condition among monopolistic behaviors; secondly, through a comparative study of abuse of joint dominant position with prohibition of conspiracy of enterprises to limit competition, the author finds out behavioral and legal characters of abuse of joint dominant position and thus establishes a theoretical support to define it by legislation. The author's above studies set up sufficient theoretical support for more important position of abuse of dominant position in anti-monopoly law and government's reinforcing legislation and enforcement of law against abuse of dominant position in anti-monopoly field.Chapter three makes a deep study of problems, which include the determination of unlawfulness of abuse of dominant position, determination principles of its unlawfulness, its liabilities. The author points out that determination of unlawfulness of abuse of dominant position depend upon investigation of anti-competitiveness of conducts in question, and four methods are suggested to fulfill determinations of its unlawfulness, such as determination of exclusion and limitation to market competition, determination of attempting to monopolization, determination of damage to consumers' welfare, consideration of other elements to determine abuse of dominant position. Pursuant to the conclusion that abuse of dominant position is an advanced condition among monopolistic behaviors in chapter two, the author points out that a large of economic analysis should be used to ascertain reasonableness of conducts in question when unlawfulness of abuse of dominant position is determined, thus a viewpoint is suggested that rule of reason should be used as determination principle of unlawfulness of abuse of dominant position instead of per se violation. Finally, as legal remedies to abuse of dominant position, the author studies their liabilities, such as administrative liabilities, civil liabilities, criminal liabilities, and points out that liabilities such as ceasing unlawful act, imposing fines, imposing damage compensation are basic ones which should be borne by party concerned, and adjudications of breaking up large firms and putting person liable into jail together with imposing criminal fines are the most severe liabilities borne by party concerned and also the most effective tools to prohibit them.Chapter four chiefly makes a further study of various conducts of abuse...