Abuse Of Market Dominant Position In The Legal Control Study

This thesis is based on investigating the basic problems of the dominant market status. It analyses mainly the characteristics and the forms of abusing the dominant market status and interprets the influence and the perniciousness about competition. It studies how to control the abusing the dominant market status by law and what kind of system we should choose. Moreover, the author raises her own idea about developing the regulations against abusing the dominant market status, according to the problems and shortcomings of legislation in our country.The dominant market status is also called the monopoly, the monopoly power or the state of monopoly. It is defined that enterprises or business-united organizations have control to decide the production, the price and the market of their products, including some forms of expression: monopoly, quasi-monopoly, sufficient dominant market status power, oligopoly situation and so forth. The standards of defining what is the dominant market status generally include shares in the market and the synthetically strength of an enterprise. There are two kinds of approaches to determine the dominant market status. One is defining the marketplace, in other words, distinguishing the field and limits that the enterprise does business and competition from the product market, the local market and the season market, est. The other is determining the dominant power of an enterprise, that is to say, defining this enterprise whether has the dominant power or not in the definite market. The dominant market status is the most important element to affirm the controlling regulations of monopoly, which is helpful to define the existence of the monopoly and is the supervisory object of the "Anti-trust Law". But the "Anti-trust Law" will limit or prohibit the dominant market status, only when it brings disadvantages to the legal marketplace, destroys the fair competition and is made use of illegally by the enterprise. This idea embodies better the spirit of the "Anti-trust Law" that restrains the monopoly but not eliminates it.The action of abusing the dominant market status refers to the enterprise with the dominance power ("dominance enterprise") makes full use of its power to interfere competition and injure the public and private benefits. This action has somecharacteristics: The first, the subject of this action only can be defined in the enterprise with dominant market status power. The second, the purpose of this action is to keep or enhance its ability in the market and achieve monopoly profits. The third, the objective aspects of this action are shown as all kinds of barrier, limiting competition or exploit their adversary of trading. The fourth, there is the cause and effect relation between the dominant market status and the abusing action. The fifth, the consequence of this action is anti-competition and injure the public and private benefits. The action of abusing the dominant market status is categorized interfering abuse and exploiting abuse. The former is the action of the companies with the dominant market status power that limit the fair competition, including predatory pricing, bottle-neck monopoly, exclusive bargain, difference treatment, matching the sale and so on. The later is the companies depending on their dominance power bring up the unreasonable conditions to their adversary of trading, which has two kinds of typical forms: one is selling products with high price and exploiting the customers, the other is purchasing products with low price and exploiting the supplier. The interfering abuse and exploiting abuse affects the market by different ways and destroys the justice and the freedom of the competition directly or indirectly.As to the control of the abuse of the dominant market status, there are two controlling systems around the world: structuralism and formalism. The former one tends to keep the competitive market structure by controlling the industrial concentration. The later one standardizes the scale of market behavior which dominants those companies in...