On The Anti-monopoly Control Of Abusing The Market Dominant Position

Anti-monopoly law is composed of three pillars, namely, prohibition of conspiracy of enterprises, supervision of merger of enterprises, and prohibition of misuse of market dominant position. Prohibition of misuse of market dominant position is one of the most important fields in anti-monopoly law. The regulation of abuse of market dominant position is one of central part, which is helpful to maintain free competition, consumer welfare and firm's fair benefit. As the theoretical researches on the prohibition of misuse of market dominant position is of great value in both legislation and practice of anti-monopoly law, besides introduction and conclusion, this thesis analyzes the prohibition of misuse of market dominant position in four parts.The first part, started from the origin and development of prohibition of misuse of market dominant position, analyzes the economic and theoretical basis of prohibition of misuse of market dominant position and three value goals. The second part, the thesis discusses the identification of market dominant position. Firstly, started from the definition of market dominant position, analyzes the three standards of market dominant position; secondly, analyzes the relevant product market, relevant geography market and relevant time market; at last, according to the relevant provisions of German "no restriction on competition", analyzes the four forms of market dominance.The third part, with four parts, analyzes the theory and practice of abuse of dominant market position. Firstly, started from the concept of abuse of dominant market position, analyzes components and typical behavior of the abuse of market dominant position; Secondly, analyze the legislative system of prohibition of abuse of dominant market position the legislative system around countries (regions); Thirdly, make comparisons between the two regulatory regimes of Continental and United States; Fourthly, through a typical case in judicial practice, illegal identification of abuse of market dominant position is discussed. Then combining the relevant legislation of world's major developed countries, the three responsibility methods for the abuse of dominant market position is discussed.The fourth part, analyzes the real situation of abuse of dominant market position in China, reviews and concludes the previous legislation concerning the prohibition of abuse of dominant market position, then analyzes the defects of the standing Anti-monopoly Law of China in legislation and execution concerning the abuse of market dominant position, gives the suggestions on legislation of China Anti-monopoly Law and bring forward the point of view that in sector of anti-monopoly.