Regulation On Anti-monopoly Law On Abuse Of Dominant Market Position

Competition is the soul of the market economy. As enterprises dominating the market tend to abuse their market forces and restrict competition,it is also an essential part of anti-monopoly law. In China,the abuse of market dominant status mainly lies in some natural monopoly industries such as railway,post and telecommunications,electricity supply,water supply and gas supply,as well as some national monopoly industries such as banking,insurance and petroleum. Therefore,all we can do is to strengthen the supervision and prevent the abuse of their market dominant status. Meanwhile,there are also some monopolies in competitive industries,such as price discrimination,predatory pricing,tied sale,forced transaction and enterprises of public facilities restricting competitions,which are seriously disturbing the normal operation of the market economy and destroying the competition and market order. In order to maintain an appropriate market structure,allow a number of competitors to play in the market at the same time,prevent enterprises from obtaining and maintaining market dominant status purposely,and regulate behaviors abusing the market dominant status,we must have our own anti-monopoly law in China. It is an urgent subject to be delved into as for how to draw the effective experience from western countries in controlling enterprises dominating the market and their behaviors of abusing the status so as to ensure and promote the sound development of our market economy. In this dissertation,analysis is made on the foreign anti-monopoly laws in terms of regulating market dominant status and behaviors abusing it by taking use of the comparative law method and the economic method. It also takes into consideration the Chinese conditions to put forward some ideas and suggestions on China's anti-monopoly law in this regard. There are mainly three parts.The first part is the definition of market dominant status in the context of anti-monopoly law,carried out in four sections. First of all,it moves on to the implication and characteristics of market dominant status. Market dominant status,or monopoly,or market control status,or monopoly force,although has different names in anti-monopoly laws of different countries,it refers to the same or a similar economic phenomenon,that is,a certain enterprise,or several enterprises in a specific market has or have some extent of advantage which can be taken to dominate or control the market and,in turn,lead to great impact on competitions in this market. Market dominant status has four characteristics:first,it must have reached a certain extent;second,it must have lasted for some time;third,it must exist in a certain scope;and fourth,it must have come from inappropriate sources. Anti-monopoly laws in various countries are not against market dominant status itself,but behaviors that abuse it. The second part is about the criteria of market dominant status,carried out in four sections. The first section is a brief introduction of the criteria. As anti-monopoly laws arc mainly about principles and are not specific,involving many economic theories,and also as market dominant status itself is complicated,stipulations on market dominant status in many anti-monopoly laws are still too much of principles and difficult to be applied,although a lot of efforts have been made. The enforcement agency not only has to define the market dominant status according to the principles of anti-monopoly law,but also has to specify it according to the definition of the related market,market share,and ability of eliminating or restricting competitions. Some western scholars' views on the criteria of market dominant status are also introduced in this section. The second section points out that no matter market dominant status is specified in what way,it cannot be done without the definition of the related market. In other words,market dominant status can only be specified in a related market. The related market is the area or field where theenterprises compete with certain products or services. Th...