China 's Commercial Banks Abuse Of Market Dominance And Anti - Monopoly Regulation

In recent years, the commercial banks play more and more important role in the financial market. However, the banking industry, especially five major commercial banks, has imposed the rocketing service charge and unfair uniformed condition on its consumers, and hence remarkable restrained the competition of the market. Due to the particularity of the commercial banks itself, as well as the anti-monopoly law for the regulation of abuse of dominant position of commercial banks is not perfect, combined with the detailed rules for the implementation of the terms are not issued, the anti-monopoly law applicable met with some difficulties in the field of commercial banks. 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:Part one start with the case of chongqing nanping branch western bankruptcy liquidation company v. CCB, expounds the value and significance, the development of academic and research methods of this research,Part two identified a dominant market position and the abuse behavior of dominant market position which the commercial banks have. By reference of the China banking regulatory commission data, demonstrates the state-owned commercial Banks, which have larger market dominance than foreign Banks and the small commercial Banks, are more easily to abuse of dominant market position. At the same time, the research analyzes the causes of this phenomenon.Part three expounds the necessity of abuse of dominant position which the anti-monopoly law should regulate. Simultaneously, expounds the regulation of commercial bank abuse of dominant position in the aspect of legislation and law enforcement, and puts forward reasonable Suggestions in view of the deficiency.