Regulating Abuse Of Dominant Of Commercial Banks By Anti-trust Law

Commercial banks, as the backbone of financial sector, are essential to the liquidity of the market and the health of national economy. However, in recent years, the banking industry has imposed the rocketing service charge and unfair uniformed condition on its consumers, and hence remarkably restrained the competition and activity of the market. Therefore, the just-implementing Anti-Trust Law has a special concern on the market dominant position of the commercial banks albeit with lack of detailed legal facilities. Simultaneously, the Antitrust Law, as with its fundamental theories, has been challenged by the particularity of commercial banks for their position in our country. Thus, this research tries to analyze these phenomena, combined with the nature of commercial banks, and that find a solution for relevant legislation.The research consists of four parts:The preamble outlines the background of the research, the contemporary viewpoints in academia, and the purpose as well as main methodologies of the research.Part One introduces the unreasonable service charge and monopolistic behavior in the commercial bank industry, and access to the conclusion that they are the abuse of market dominance position by the relevant general theories.Part Two emphasize the necessity of the supervisory on banks against the abuse of market dominance position. The sub-mission will be achieved by analyzing the impairment of market abuse and the inadequacy of supervisory power of other laws.Part Three tries to identify how the Anti-Trust Law and its theories are challenged by the commercial banks when applied to particular issues, including demarcation of concerned market, the definition of abuse, the coordination among authorities, the fact that the small and medium sized banks also hold market dominance position. Part Four gives proposals, based on the traits of commercial banks, for the solution of the abovementioned four issues.