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Regulation On Price Discrimination By Antitrust Law

Posted on:2007-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q NiuFull Text:PDF
GTID:2166360182990923Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Price discrimination is a pricing strategy used by enterprises. Regulation on pricediscrimination by antitrust law varies in many countries. Present legislation aboutprice discrimination in our country is not systematical. There are two importantproblems about price discrimination. One is the scope of regulation by antitrust law.The other is how to regulate. On the basis of analyzing legislation of other countriesand the present situation in our country, this dissertation analyzes and researches theaforesaid problems by methods of contrast and intent interpretation.From the aspect of law, this dissertation analyzes and discusses, on the basis ofthe definition of price discrimination in economics field and law field, the recognitionof price discrimination and its legal responsibility. Besides the introduction part andthe ending part, the dissertation is made up of five parts.The introduction part explains the disputes of price discrimination in theory fieldand the cause of the disputes. Meanwhile this part describes the present legislation inour country and the main problems. This part introduces the intent of the author towrite this dissertation.The first part mainly discusses the concept and the classification of pricediscrimination and its double influences. On the basis of discussing the definition ofprice discrimination in economics field and law field, this part emphasizes theimportant factors of the definition. The purpose to analyze double influences is tojudge the fact if all behaviors of price discrimination should be regulated by antitrustlaw.The second part mainly explains the present legislation of price discrimination inour country. There are two main problems in legislation. One is how to recognizeprice discrimination. The other is its legal responsibility.The third part discusses the recognition of price discrimination and consists offive sections. The first is that the subject should possess superiority position in market.The position covers dominant position in market and superiority position intransaction. The second is that the object of price discrimination should coverconsumers because price discrimination to consumer may damage the interests of totalconsumers. The third is that the behaviors of price discrimination embody directbehaviors and indirect behaviors. Direct behaviors can be measured by money.Indirect behaviors manifest supplying lots of interests. The fourth is the consequencethat price discrimination may jeopardize competition order in market and the interestsof total consumers. The fifth is the remonstrance. Both the remonstrance as behaviorand the remonstrance as consequence are the situation that the behavior of pricediscrimination has no negative consequence or less negative consequence.The fourth part is about the department responsible for the work. How to improve thedepartment is on the basis of analyzing the drawbacks of the department.The fifth part is about legal responsibility of price discrimination. The subjectshould take up legal responsibility because of the consequence. Legal responsibilityshould cover civil responsibility, administrative responsibility and criminalresponsibility.The last part is the conclusion. The author thinks that antitrust law shouldregulate recognition and legal responsibility of price discrimination totally andsystematically in our country.
Keywords/Search Tags:price discrimination, behavior recognition, department, legal responsibility
PDF Full Text Request
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