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To Discuss The Legal Regulating Of Anti-monopoly Law On The Abuse Of Market Ascendancy

Posted on:2010-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:F X Z HuangFull Text:PDF
GTID:2166360275957121Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The prohibition of the abuse of market ascendancy is one of the three significant integral parts of anti-monopoly law.As the theoretical researches on the prohibition of the abuse of market ascendancy is of great value in both legislation and practice of anti-monopoly law, besides introduction and conclusion,this thesis analyzes the abuse of market ascendancy in four parts.Firstly,this thesis discusses the theoretical basis of the prohibition of the abuse of market ascendancy;expatiates the meaning of market ascendancy and the abuse of market ascendancy; introduces the legislation situation concerning the abuse of market ascendancy of European Community,the United States and international organization;analyzes the theoretical basis and the value goal of The prohibition of the abuse of market ascendancy.Secondly,this thesis discusses the identification of market ascendancy.This chapter first analyzes and investigates the identification of relevant product market,relevant geography market and relevant time market,argues that the methods of demand substitution elasticity, function substitution elasticity and supply substitution elasticity could be used in identifying whether the substitution relationship exists in different sorts of commodities;whereafter,this chapter discusses the standards of identifying market ascendancy,and analyzes the market quotation and barrier of market access.Thirdly,this thesis deeply discusses the legal regulating principle and its liability allocation of the abuse of market ascendancy.With case discussion,this author argues the offence determination standard of the abuse of market ascendancy;then through the analysis of per se illegal principle and rational principle,holds that rational principle shall be applied to identify the offence determination of the abuse of market ascendancy;afterwards,through the comparative study of the liability mode of the two biggest law family in the world,deeply discusses the doctrine of liability fixation and constitutive elements of such liability,and establishes the basis of legal liability allocation concerning the abuse of market ascendancy for China anti-monopoly law.At last,this thesis analyzes the real situation of the abuse of market ascendancy faced with China,reviews and concludes the previous legislation concerning the prohibition of the abuse of market ascendancy of China;then,on the basis of the conclusion of this thesis,points out the defects of the standing Anti-Monopoly Law of China in legislation and execution concerning the abuse of market ascendancy;pertinently gives the suggestions on legislation of China anti-monopoly law;and bring forward the point of view that in the sector of anti-monopoly,the prohibition of the abuse of market ascendancy shall be treated as the emphases in both legation and enforcement of anti-monopoly law.
Keywords/Search Tags:Market Ascendancy, Abuse of Market Ascendancy, Relevant Market, Legal Regulating
PDF Full Text Request
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