The Study On Legal Regulating Of Monopolistic High Price Behavior

In the sense of anti-monopoly, monopolistic high price behavior, which is the most important form of price monopoly and is composed of high price monopoly and low price monopoly, is the conduct of raising prices above the competitive level by abusing market dominant status to escape from price mechanism for the purpose of obtaining a monopoly price and making their own benefit, resulting in the lost of related operators and consumers. From the view of operators, it is seen as over-high pricing and over-low pricing behaviors. Monopolistic high price behavior acting against the healthy and orderly development of the economic market has aroused widespread concern of anti-monopoly law from all around the world. So is in China, where the situation of monopolistic high price behavior is more complex because regulation by law is more difficult for the reason of its interwinding with administrative powers and natural monopoly.With no anti-monopoly tradition, regulations consider very cautiously in 2007's"anti-monopoly law of The People's Republic of China", short for"anti-monopoly law", which results in more difficulty in practical operation and is required of further improved. As the supporting law of"anti-monopoly law", the National Development and Reform Commission released"anti-price monopoly regulations (draft)", in which monopolistic high price behavior is defined more clearly, on August 12, 2009 and asked for public comments. This regulation, imperfect although, would turn over a new leaf of regulating monopolistic high price behavior.Based on the theoretical results from scholar at home and abroad, this paper discussed the legal regulations on monopolistic high price behavior by combining normative analysis and comparative analysis, in order to explain current points on monopolistic high price behavior both in theory and in practice, also to give some suggestions after analyzing this behavior in the market of our country. This paper is composed of four parts. The first chapter mainly introduces the definition of monopolistic high price behavior and scholars'as well as the author's attitudes to the illegality of this behavior. The second chapter analyses the complex situation of monopolistic high price behavior in our market, which is manifested as the mixing of economic monopolistic high price, administrative monopolistic high price and natural monopolistic high price. The third chapter gives a theoretical definition for monopolistic high price behavior to strip the complex representation and define this behavior in market accurately, in order to ensure the effective application of anti-monopoly law. The forth chapter elaborates the law regulating to monopolistic high price behavior, starting from the analysis of current law regulating to this behavior at home and abroad, followed by some recommendations on how to improve the current law and regulations of our country in this aspect.