Abuse Of The Relative Superiority Of The Anti - Monopoly Law Regulation

The relative dominance generation market economy is an inevitable phenomenon, occurring mainly in specific vertical transactions between the upstream and downstream enterprises, the two sides in line with the purpose of long-term trading down relative dominance phenomenon. The dependence of the relative dominance of an enterprise of the trading counterpart and the corporate existence of steering to the possibility of other counterparty.When the relative dominance abuse of the dominant position, destroy the competition, to the detriment of consumers, it should be subject to legal regulation. In legal practice, the behavior of the relative dominance abuse generally subject to the regulation of civil law or contract law, civil law or contract law in the spirit of freedom of contract is often difficult to abuse of the relative dominance to play up the production of, in practice also has serious limitations. And, in addition to the civil law or contract law, and there is no uniform national legal provisions of the relative dominance of regulatory abuse, but only the views or methods of comparative advantage position in the abuse around the introduction of a specific behavior, which makes victim or the competent authority in trying to seek legal means, become no legal basis, or only a part of the behavior law.This paper start from the relative dominance of the meaning of the point of view of the anti-monopoly law should be regulated abuse relative dominance behavior by analyzing the causes of the relative dominance; On this basis, the article describes the relative dominance theorybasis-dependent theory, and arguments in support dependency theory as a classic case of abuse of the relative dominance; paper also proposed by analyzing abroad in the regulation of relative dominance abuse the legal process, as well as China’s laws and regulations under the status quo,their own proposals and views.The first part of this article discusses the meaning of relative dominance and other issues related to the relative dominance.Relative dominance under the definition; second section describes the causes of the relative dominance, and for comparison with the absolutely dominant position, whose existence has its particularity; finally, that their point of view, by the anti-abuse relative dominance should monopoly law regulation, and analyzed by antitrust regulations of the rationality.The second part of this paper discusses the theoretical basis of the relative dominance-dependency theory. Expectations are discussed in detail the concept and criteria of dependency theory that (1) the possibility of replacement of the counterparty;(2) the relative steering channel substitutability of other transactions;(3) the possibility of turnning to other trading channels.The third part of this article references classic case demonstrates the abuse of the relative dominance of the main types of (1) dependence on branded products;(2) reliance on long-term contract;(3) the dependence of the necessary facilities;(4) Availabilitysuppliers the on the the rely on of the large-scale the retailer’s.The fourth part of this article discusses the legal regulation of China and other major countries abuse relative dominance. First of all, are introduced and evaluated other countries against the abuse of the relative dominance of the legal regulation; Second, focus on the legal status of the relative dominance of regulatory abuse and inadequacies, which leads to the relevant proposals made by the author below.The fifth part of this article on how to regulate the abuse of the relative dominance legal advice. The author from the abuse of the comparative advantages of the status of the constituent elements of legal responsibility, the introduction of bilateral market theory, give full play to the power of the civil action, as well as industry associations vertical features five levels of self-discipline to put forward proposals and views.