Analyzing On Regulations Of Law Against Behaviors Abusing The Dominant Position Of Market

Prohibiton of abusing the dominant position of market, which is one of three important pillars of the anti-monopoly law, has significant effects on maintaining the competition order of market. However, in our country, there has not been any law or regulation yet to effectively restrict against such abusing behaviors, which has already emerged in the market in our country and has exerted negative influence on the normal competition order. Therefore, it is of great academic and practical significance to conduct a profound research on regulations against the abuse.Taking the implication of the dominant position of market as the point of departure, this disquisition systematically discusses such fundamental theories as definition of the dominant position of market, behaviors abusing the dominant position of market and juristical measures to supervise and control them. In addition, the issues, on which few scholars have mentioned or reached agreement, are lucubrated and perspectives on them are expatiated in this dissertation, such as issues on relative preponderant position, the definition of abusing the dominant position of market, measures to prevent abusing in advance. Concretely speaking, the following issues are included. 1) As the relative preponderant position is the prolongation of the dominant position, the trait of relativity should be held when conducting case study; 2) behaviors abusing the dominant position has 3 important elements — the subject, the behavior and the purpose or result; 3) On the one hand, major corporations ought to be restricted to engender and reinforce their dominant position and affects on market by means of economy, legislation and administration, while on the other hand, the competitive mechanism should be recovered by opening the market to new competitors and encouraging the development of moderate and small enterprises, and at the meantime, laws and regulations should be established to overawe bahaviors of abusing. At the end of this dissertation, further tentative proposals, based on academic theories of anti-monopoly and analyses of problems and shortcomings of legislation in our country, are supplied to develop and improve the institution and regulations against abusing the dominant position of market.