Research On Refusal-to-deal Legal System

Over the past one year since the introduction of Chinese anti-monopoly law, it playing an important role in creating more fairly competition environment and protecting consumers' right. However, the law contains many abstract academic concepts, lacks specific implementation, and multiple factors of competent authority, many difficulties are caused during the time. So the result is shown to be unsatisfactory. Some companies abuse their dominant market position to restrict competition, not only break competition principles in the market, but also present complex behaviors. Those phenomenon should be regulated in the anti-monopoly law with specific implementation principles and scientific theories.So this study has theoretical and practical significance. Because most preview studies are too simple and cover a wide and complex range, this thesis attempts to explore on the laws of refusal-to-deal. However, because of limited theoretical knowledge, the author mainly research into refusal-to-deal under abusing dominant market position, and try to give some theoretical supports for our relevant law after learning the methods from Europe and the United States .Refusal-to-deal refers to the dominant enterprises refuse to make contract with trading partners with no adequate excuse in order to maintain its market power and restrict the competition.Apart from introduction and conclusion, this thesis is divided into five chapters for explanation and analysis about the concept , considerations, forms and rules of refusal-to-deal, combined with typical examples.The first chapter, the author clarifies the concept of abuse of market dominant position, re-define the range of refusal-to-deal, analysis the conditions, and points out refusal-to-deal will do harms to competition mechanism.Chapter two, based on the fist chapter, the author gives the constituent elements of refusal-to-deal , such as : the dominant market position, refusal reasons and the harms to competition.In chapter three and chapter four, the author attempts to explore the types and forms of refusal-to-deal by reinterpretation the cases like: Kodak case, Aspen Skiing climbing case, Magill case and etc. The purpose of general refusal-to-deal is to transfer the power of dominant market. Special form refers to restricting competition by intellectual property and critical facilities.Chapter five, the author makes comparative analysis about performances of refusal-to-deal in European union, the United States, Asian countries and other regions, and points out the problems and shortcomings in the Chinese regulations. Then, the author gives some ideas for Chinese antimonopoly law about how to regulate the refusal-to-deal and give some practical advice for Chinese legislature.