Research On Legal Regulation Of Price Discrimination

From the aspect of competition law, this thesis discusses the regulation of price discrimination in substantive law by means of overall and respective analysis. The thesis is made up of five chapters besides the introduction part.The introduction part explains the causes of the selection of the subject, describes the present academic research on price discrimination and presents the research methods of this thesis.Chapter One is mainly centered on the fundamental legal issues of price discrimination. After analyzing the definitions of price discrimination given by economics and law science, the author puts forward a new conception of price discrimination from the angle of harming competition and damaging social welfare.Then, the author continues to discuss the following of price discrimination------legalfeatures, legal constituents, sorts, harms and the significance of the regulation.Chapter Two is concerned with the regulation of primary-line price discrimination. The chapter points out that primary-line price discrimination mainly does harm to the competition between the sellers. And predatory pricing is a typical instance. The author analyzes the legal constituents and regulation of predatory pricing in this chapter. This chapter also deals with other primary-line price discrimination such as horizontal agreement price discrimination, uniform price and tying customers.Chapter Three takes up second-line price discrimination. To begin with, theauthor expounds the two elementary factors of second-line price discrimination------competing buyers and harms to competition or competitors. Then the author discusses rebate and discount, allowance and furnishing of service or facilities.Chapter Four conies to the purpose of this research. After introducing and commenting on related foreign legislation on price discrimination, the author demonstrates the necessity of improving Chinese legislation on price discrimination. The author makes out his suggestions on improving Chinese legislation on price discrimination in the fields of guiding ideology and principles, legislation style, substantive contents, legal results and enforcing institute.Chapter Five is the generalization and conclusion of the research.