The Legal Regulations For Relatively Dominant Position Abuse Of Large-scale Retailers

In today's commercial circulation, if a supplier wants its products to large retailers, such as shops selling, will have to pay access fees, store business sponsorship fees, dianqing sponsorship fees, cost access devices fees to the operators of large retailers, it has become an unwritten rule. Some even call it "business practices" or "international practice". This social phenomenon has attracted extensive attentions of the legal circles. Although some scholars believed that this is the natural result of market competition and it should be solved by itself, more scholars thought that it is a behavior that abuse relatively dominant position, and it should be regulated by law in particular the anti-trust law because this behavior is detrimental to fair trade and competitive market. Slotting fee is a typical example of abusing relatively dominant position, but it presented the problem of undermining the competitive order. Some developed countries and districts have mature legislation on it. This offers a theoretical basis and reference experience in our legislation. This paper is mainly about the market relatively dominant position and some topics around it.The paper is composed of four parts:The first part analyses the reasons for slotting fees and its real nature of the behavior that large-scale retailers collected high slotting fees. Starting from the meaning of slotting fees, introduce the cause of slotting fees to China and foreign countries briefly. And then analyzes the disputes about slotting fees, discussing supporters and opponents of different points of view. With regard to the legal nature of slotting fees, there are basically two points of view in legal theory circles, one is commercial bribery, and one is abusing market dominative position. This paper argues that the behavior large retailers collecting high slotting fees is the result of abusing relatively dominant position and it is one of abusing relatively dominant position in anti-trust law in the broadest sense of the term.The second part is a definition of relatively dominant position abuse. This part theoretically analyzes and distinguishes the related concepts, then introduces the component elements of abusing relatively dominant position that are prohibited by the anti-trust law. And main performances of abusing relatively dominant position are cited, including large retailers collecting high slotting fees, owing suppliers payment, forcing suppliers to accept unreasonable condition and etc. Then, through the analysis of hazards from three aspects, small and medium suppliers, consumers, retail industry, the author proposes that regulations need to be carried out.The third part describes and analyzes the legal regulation to large retailers abusing relatively dominant position of foreign countries. Such behavior has a real hazard and damages the fair and competitive market, so it is denied by the law in some countries and districts, such as German, France, Japanese and China's Taiwan region. China should take the foreign experience as reference so as to perfect our legislation.The fourth part discusses how to regulate relatively dominant position abuse and gives an analysis concerning how to regulate it. First, introducing the relevant legislation regulation of China, including Anti-trust Law, regulatory documents that local governments regulated the relationship and Administrative measures on fair trade of retailers and suppliers. It should be noted that these regulations have played a certain role, but there are still many problems. Then this part points out legislative defects of China's current legislation from four aspects:lagging of legislation and low-level regulations, unscientific law enforcement agencies, imperfect legal responsibilities and weakening the role of trade associations.Finally,by drawing on advanced foreign legislative experience, and combining it with our practice, this paper raises some improvement ideas and suggestions:perfecting Anti-trust Law as soon as possible and regulating the behavior of abusing relatively dominant position specially, setting up scientific law enforcement agencies, introducing Hearing System and establishing relevant supporting systems, building the legal liability system from three aspects:administrative, civil and criminal responsibilities, enhancing self-discipline of trade associations.It is necessary to prevent the abuse of the preponderant status in transaction for the development of our economy, and it also has a great of realistic meaning to maintain a sustained, rapid and sound development of the national economy. On the other hand, this paper studies on foreign legislations of this behavior systematically, and it has theoretical value to perfect China's Anti-trust Law which was carried out not long ago. The paper explains a theme that large retailers abused relatively dominant position. Because of the limitations of ideas and never engaging in the relevant substantive work, the article is bound to a number of deficiencies, subjecting to further refinement.