Competition Regulations On Behaviors Of Abusing The Comparative Advantage Position By Major Retailers

To counterparty of transactions, the comparative advantage position is a kind of advantage position in transaction. To small and medium suppliers, major retailers are in a market advantage position, and it is embodied in the contract. It is difficult to regulate the behaviors of abusing the comparative advantage position by major retailers based on the basic principles of contract law. The fundamental purpose of competition law is to protect the freedom of competition, establish an effective competitive market structure, and regulate behaviors of preventing and restricting competition. Outside of contract law, it is still need to intervene in competition law to restrict freedom of contract, maintain fair and free competition in order.The paper analyses procurement contracts of large-scale retailers and suppliers, characterizes the behaviors of large-scale retailers, learns legislative and judicial experience from other countries, and perfects China's competition law system on how to regulate behaviors of abusing comparative advantage position by major retailers. The legal concept of dominant position has double meaning in China's"Anti-monopoly Law". Regulation on behaviors of abusing comparative advantage position is included in the legal provisions about prohibiting operators who has a dominant position abusing dominant position. Behaviors of abusing comparative advantage position are unfair competition acts that should be regulated by the Law against Unfair Competition. Anti-monopoly Law and the Law against Unfair Competition should be improved to increase the operability, so that competition law can regulate behaviors of abusing comparative advantage position by major retailers effectively.