Research On Regulations Of Abuse Of Market Dominant Position

The doctrine of prohibition on abuse of market dominant position is one of three important pillars of anti-monopoly law. This thesis is divided into four chapters to carry out a research on this doctrine, refer to it's remarkable significance of theoretical research for legislation and judicial practice in anti-monopoly field.The preface discusses the anti-trust litigations of Microsoft in the United States and European Union.Chapter one explains the definition of market, market dominant position, abuse of market dominant position. On the basis of western main stream school of competition theory, this chapter then elaborates the importance of this doctrine and the necessity of regulation on it; finally this chapter further illustrates the decidendi of abuse of market dominant position.Chapter two chiefly makes a further study of various conducts of abuse of market dominant position at the basis of categorizing them by appearing forms and together with relevant cases occurred in judicial practice. Refer to typical forms of abuse of dominant position including predatory pricing, refuse to deal, tying arrangement, price discrimination, excessive pricing, abuse of joint dominant position, etc.Chapter three analyzes the legislations of prohibition of abuse of market dominant position on a comparative basis, and briefly introduced relevant laws and regulations of China.Chapter four firstly elaborates the different legal background of abuse of market dominant position, and points out that the goal of Chinese anti-monopoly shall be cultivate competition. The author further emphases the significance of anti-monopoly law, and finally encourages domestic enterprises to normalize their market conducts and utilize the immunity policies to develop their market power.