Research On The Legal Question Of The Abuse Of Dominant Position

The abuse of dominant position causes great injury to market competition, so there is a remarkable significance to carry out a theoretical research in both the legislation area and the judicial practice area in anti-monopoly field.Besides the preface and the conclusion, the content is divided into five parts in order to fulfill a thorough research in prohibition of abuse of dominant position.Part I firstly explores the definition of abuse of dominant position, then analysis the fundamental theory of abuse of dominant position and the major goal of anti-monopoly field's legislation. Finally summarizes the legislation of prohibition of abuse of dominant position in the U.S.,E.U. and international organizations.Part II firstly focus on how to define the relevant market, then explores various elements of defining dominant position, which includes market share and entry barriers.Part III conducts a deep study in the determination of unlawfulness of abuse of dominant position and the determination principles of its unlawfulness. By reviewing cases in U.S., the author points out that determination of unlawfulness of abuse of dominant position depends on investigation of anti-competitiveness of conducts. Finally the author suggests that rule of reason should be used as determination principle of unlawfulness of abuse of dominant position instead of per se violation.Part IV carries out a study of various conducts of abuse of dominant position, which includes predatory pricing, tying arrangement, refuse deal, price discrimination, excessive pricing etc.Part V firstly summarizes the current circumstances of abuse of dominant position. Then according to the conclusion on abuse of dominant position, the author concludes that some defects relevant to regulations of abuse of dominant position still exist in the draft of anti-monopoly law of China. Finally the author gives some suggestions to the legislation of prohibition of abuse of dominant position in China.