On Antitrust Law Regulation Of Abuse Of Market Dominant Position

The regulation of abuse of market dominant position is one of central part in Antitrust Law, maintaining free competition and open market is its objective. This test has mainly discussed the forms of market dominant position and regulatory methods. There are four parts in all.The first part of this test has briefly summed up the concept of market dominant position. Market dominant position is a kind of enterprises'control power, having this power, enterprises are able to decide prices, outputs, markets, etc. they not be affected by the dynamic of competition in special relevant market. The determination of market dominant position requires to synthesis many related factors. In addition to market shares factor there are other factors that reflect enterprises' synthetic power, they are entry barriers of market, enterprises financial capacity and market conducts, etc. Meanwhile, this part has concretely described the main forms of market dominant position. These forms are composed monopoly and quasi-monopoly, absolutely superior position, oligarch monopoly and other forms according to legal reference.The second part of this test has specifically analyzed abuse acts. Abuse of market dominant position has three structuring major cases. They are market dominant position, abuse acts and harm consequences. The regulatory system of abuse of market dominant position directs against special main body, market dominant position has decided whether enterprises undertake certain special legal responsibility or not. Market dominant position is the first structuring major case. Meanwhile, it is not illegal that enterprises only have market dominant position, enterprises abusing their Market dominant position is illegal. So abuse act is the second structuring major case. Damage consequence is the third structuring major case. When the consequences of consequence harm effective competition and public interests, the abuse acts are illegal. Abuse acts mainly consists of monopoly pricing, refusals to deal, tie-in sales or tie-in other unreasonable condition, exclusive dealing agreements, bottleneck monopoly, etc. These acts eliminate and restrict competition, enterprise acts of extending market are not by means of enhancing quality and efficacy. Because abuse acts show different shapes, they are not totally listed, so Antitrust Law can refer to universal methods of other countries in China, namely, abuse acts can adopt the method of list and concept. Firstly, Antitrust Law lists typical abuse acts for the sake of enterprises know which act is prohibited. Secondly, on the basis of list Antitrust Law designs a catch-all provision to summarize other acts of restricting competition and damaging consumers' interests in. The way not only enhance operating function of Antitrust Law, but also adapt to developing and changing society.The third part of this test is the key content of this thesis that has explained behaviorism being the choice of China Antitrust Law by comparing the differences between constructivism and behaviorism. Constructivism and behaviorism are two approaches of antitrust regulation. Constructivism regulates concentrating situation in order to control the degree of trades concentration, this kind of regulation not only control market acts but also adjust the market Structure. The representative countries of constructivism are U.S.A and Japan. Behaviorism aims at market acts and regulates abuse of monopoly power. Antitrust Law choices behaviorism in China, there are three causes. 1Legislative background is different between China and other countries adopting constructivism. The reason of creating of Sherman Act is that national free competition was seriously destroyed by trust organizations. The reason of creating of Japanese Antitrust Law is that national economy was controlled by few of financial magnates. Under this circumstances, Antitrust Law naturally aimed at monopoly organizations (anti-monopolistic structure). China as a developing country, business scales are generally small and enterpris...