Anti-monopoly-law Research About The Abuse Of Dominant Market Status Of The Large-scale Retailers'

In recent years, large-scale retail enterprises developed rapidly, showing the characteristics of a furthering market concentration, the prominent development of specialty stores, active process of the foreign-funded enterprises, a marked increase of mergers and acquisitions, and so on. In the wake of the rapid growth, the large-scale retailers frequently conduct unfair trades with suppliers, relying on their dominant market status. This damages the legal interests of the suppliers, middle-and-small-scale retailers and consumers, and breaches the economic order as well. Therefore, it is necessary to regulate the large-scale retailers'abuse of their market dominant position legally. This article mainly contains analysis of the large-scale retailers'characteristics, main representations of their abuse of market dominant position , legal analysis of Rule of Reason and abuse of dominant market status, regulation of the abuse in America, Japan and Germany, legal thinking about establishing and perfecting relevant laws in our country, etc.. The author adopts the methods such as economic analysis, positive analysis, normative analysis, comparative study, and so on. Through a lot of demonstration in the article, the author deems that relevant laws in our country should be improved, by means of definitely defining the large-scale retailers, when legislate fixing Rule of Reason as the fundamental principle of regulating the abuse of dominant market status, confirm the definition standard of rule of reson through relavant laws,definitely defining the possibility of criminal responsibility when the abuse occurs, so as to protect the legal interests of suppliers, middle-and-small-scale retailers and consumers. Hope these suggestions could be of help to the future legislation of regulating the large-scale retailers'abuse of their dominant market status.