The Legal Study On Abuse Market Domination Position

The three main bodies in anti-monopoly law are the controlling system: market dominant position abuse, combined limited competition behavior, economy-power over concentration. Of all, the supervision on enterprises (market dominant position) and their behaviors is a major entity domain contained in anti-monopoly worldwide, its aim safeguards free, open and competitive market structure. Market dominant position is also named monopoly power. Although competition law may say it with different words in different counties and regions , there is coincidence in their basic meanings. That means the power of determining outputs, prices and sales of product in relevant markets.This thesis is based on investigating the basic problems of the market dominant position. It analyses mainly the characteristics and the forms of abusing the market dominant position and interprets the influence and the perniciousness about competition. The author raises her own idea about developing the regulations against abusing the market dominant position, according to the problems and shortcomings of legislations in our country. The market dominant position includes some forms of expression: monopoly, quasi-monopoly, overwhelming superiority, oligopoly situation and so forth. The standards of defining what is the market dominant position generally include shares in the market and the synthetically strength of an enterprise. There are two kinds of approaches to determine the market dominant position. One is defining the relevant market, in other words, distinguishing the field and limits that the enterprise does business and competition from the product market, the local market and the season market, etc. The other is determining the dominant power of an enterprise, that is to say, defining this enterprise whether has the dominant power or not in the definite market. The Anti-Monopoly Law will limit or prohibit the market dominant position, only when it brings disadvantages to the legal marketplace, destroys the fair competition and is made use of illegally by the enterprise. This idea embodies better the spirit of the Anti-Monopoly Law that restrains the monopoly but not eliminates it.Our country is a status law nation, therefore, it is necessary that stipulating the performance of the market dominant position and its abuse behavior definitely Then we make some laws that forming a complete set of laws with antitrust laws so as to make antitrust laws more unified and practicable and better our the Anti-Monopoly Law.