Research On The Legal Regulation Of The Predatory Pricing

Predatory pricing is an important way to monopolise the market for the market dominated enterprises,it not only contain the competition,but also damage the consumer's interest.It originate from the free competition market, but exclude the reasonable competition ,so fast all countries regulate it strictly.Seeing the main market economic countries in the world, there is no same,authoritative cognition, and the antitrust law is not constituted in our country.All these above lead to the confusion in academe and in judicial practice,then endly lead to no scientific,no strong regulation for predatory pricing.The author bring forward"two segments theory"for judging the predatory pricing, they are theses two factors:"the intent of excluding the competitor"and"pricing below the cost",and take out the factor"charge monopolistic price"from traditional theory.It's very meanful for the enforcement of antitrust law.Because only when we take out the after-act"charge monopolistic price"from the composing of predatory pricing, can we better enforce the antitrust law.After understanding the meaning of predatory pricing, the author bring forward the measure"using the expert- base"for judging the predatory pricing.This measure originats from the expert testimony conclusion in criminal detection.Because predatory pricing is related to law,economics,management and so on, it's unrealistic to need the staff know these obligatory knowledge.We can establish a expert- base that consist of the experts in these fields,and refer the complicated,professional problems to the expert. Then they can make a authoritative appraisal.The staff from regulatory bureau can been absorbed in regulation of predatory pricing,but not in judging the complicated problems.Of cause we should mobilize the market subjects to regulate the predatory pricing better, because they can obtain the market information soonly and widely.When we regulate the competion-restraining behavior such as predatory pricing strictly, we can creat an impartial,ordered circumstance. The social market economy can develop fast,and the people can enjoy the boon with economy development better.