Competition Law Analysis On Slotting Allowances

Slotting allowances is a dispute topic. The capital goal lies in pursues the profit, originally undisputable, but, the large-scale retail sales enterprise including foreign supermarket in our country has not right competed behavior, for example ,abuse the superiority status to gather the high slotting allowances, cause the slotting allowances disassimilated, thus ,has had the serious influence to our country retail trade marketorder, has harmed in other the small retail sales enterprise's right benefit and consumer's benefit, has caused the field and the educational world widespread attention ,carries on the call date to it which the legal rules and regulationseven cancels to be high. But, because its legal relationship is relatively complex, involves various benefits, our country laws and the judicial interpretations has not been connected the stipulation, appeared the blank, cannot effectively be supposed excessively to gather to the slotting allowances such not right competed behavior, therefore has the necessity to carry on the thorough legal analysis to this behavior. The legal analysis goal is for consummates our competition law and the correlated legal accumulation experience about foreign affairs ,then constructs a beneficial competition legal system environment, adapts to our country socialist market economy development and to the countries opening up needs. This is extremely important to obtain the approval regarding our country market economy country status, the promotion country competitive ability also. This article studies the question, is preciselybased on such one kind of understanding that, The market economy is one kind of competitive system leadership economic system, but competes must in be fair, have the forword in the foundation to carry on. On slotting allowances, at present what our country related control section's to do , not much the actual needs tally ,the reason mainly lies in to this kind of new competition form, the relevant law laws and regulations vacancied. Therefore, must carry on the legal analysis systemly to slotting allowances thoroughly.This article had affirmed that slotting allowances'existence is right, mainly analyzed it "abusing" behavior, regarding this behavior carried on the qualitative analysis, thus had pointed the constructive comments in the competition lawdomain : Perfect our country counter- not right competion law and formulate the counter-monopoly law; Increases dynamics to reorganize the market order, the standard slotting allowances; Positively cultivates the profession association, the display profession association's intermediary function; Straightens out the relations on supply and demand , as to realizated the double wins.The article's first chapter has the definition on the slotting allowances, as well as has analyzed its existence right from rational, the valid two aspects; The second chapter first to definite the behavior about, thus large-scale retail merchant's behavior on " over receive" slotting allowances qualitatively is "abusing the market superiority status"; The third chapter firstly analysis large-scale retail merchant market superiority status form theory basis from the buyer monopoly angle, further analyzes in the transaction to abuse the superiority status behavior the formation mechanism; The fourth chapter through the competition hazardous analysis on the behavior that the large-scale retail merchant abuse the market superiority status, obtains the conclusion, that, must have the competition law and regulations ,then uses the various countries' competition law rules' and regulations' examples to perform the evidence; The fifth chapter, our country present laws analysis the serviceable on the regulations about overflows to the supermarket, discovers our country at present the related legislation flaw and the blank; The sixth chapter, put forward some preliminary proposals with Competition law about the slotting allowances; Finally is the conclusion.In the research technique, this article mainly cuts into it from the competition method angle, carries on the legal analysis comprehensively and systemly about the slotting allowances ;And mainly has used the method which unifies the case real diagnosis and the legal principle theory of law analysis, launch the research about the slotting allowances ,promulgates question which in the present relevant law laws and regulations vacancy situation appears, then puts forward the correlation legislation proposal.