Legal Regulation On Market Dominative Position Abuse

Emerged since 1990s, the dissension between large-scale chain supermarkets and their suppliers came with the admission of the foreign-invested supermarket giants into Chinese market and their brought of the business model of charging slotting allowances. Until now, the issue still lack of effective solution. In fact, due to the abnormal low profit of domestic retail industry which makes it hard for the retailer to sustain, supermarkets' actions of charging slotting fees, tie up vendor's money and stipulate other harsh conditions inside and outside contracts is aimed to snatch profit from the supplier and producer and to expand competition advantage of themselves, and all of the actions are improper competitions. However, throughout China's "Law of Anti-unfair Competition" and "Anti-trust Law", because of fragmented jurisdictions of the two laws coupled with the old, imperfect of the former one, make the above said special type of unfair competition alienated from law's regulation in long term.Therefore, from analyze the actions of charging slotting fees, tie up vendor's money and stipulate overlord contract terms, and study the common feature of those actions--market dominative position abuse, the thesis is expected to research the feasibility of perfect the "PRC Law of Anti-unfair competition" by introducing the theory of "Relatively Dominative Position" to China, while through the introduction to further strengthen the links between "PRC Anti-trust Law" and "PRC Law of Anti-unfair competition". At the same time, the thesis is also involves thinking of structural adjustment of "PRC Law of Anti-unfair competition" and the formulation of related stipulations.Following the Logical thinking of learning from appearance to essence, and then to regulations design, the thesis will specifically addressed the issue in three chapters. The first chapter will describe the above said three market dominative position abusive actions in detail, and analyze its harm to various market entities and to the macro-industry. The second chapter, qualitative analysis the legal characterization of the three actions, abstracts the common feature of the actions--market dominative position abuse in specific deals. Elaborate the lack of treatment of current competition law on the issue and to further study the necessity, feasibility and significance of introducing the theory of "Relatively Dominative Position" to "PRC Law of Anti-unfair competition". And in the last chapter, firstly superficially explicates extra-territorial legislation, then explain existing typical examples of the domestic department rules and regulations, local laws and judicial interpretations on the issue of market dominative position abuse, and finally in reference to both oversea and local experiences give recommendations on advance domestic competition law and regulation.