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Abuse Of Dominant Market Position Legal Issues

Posted on:2006-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:W A DengFull Text:PDF
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After China's accession to WTO, the Chinese government is paying more and more attention to issues of competition policy and competition law so as to cope with the fierce domestic and international competition.Currently, China is grasping to formulate the basic legal system——antimonpoly law, to maintain the common and free competition order of sosialist market economy. The stipulation about prohibition of abuse of a market dominant position hold the extremely important status in various Countries' antimonopoly law and it is called one of three big props of antimonoply law. This article revolves the related issues of the market dominant position and its abuses, and discusses the overseas antimonopoly law sysrem about prohibition of abuse of a market dominant position. The article combinates Chinese actual situation, thinking of legislation about controlling abuse of a market dominant position and proposes my own View. The article is mainly composed by four parts.The first part is about theory of market dominant position in the theory of competition law. It is divided into four parts. First, it analyzed the implication of market dominant position. The enterprises which occupy the market dominant position are such enterprises: namely they do not need to be compelled to consider about the competitor's or the transaction dealer's response and they can freely fix the price or make other management decisions, implement their own management strategy selfishly. They can affect the market competition condition by means of conforming to themselves' benefit completely. Next, it researches the legal definition of market dominant position. Third, it analyzes the main kinds of the market dominant position. Fouth, it studies the nature of law about the market dominant position.The second part probing into abuse of market dominant position. It is divided into four parts. First, how to definite the abuse of behavior isa very important issue. No one nation or one region has a general definition about abuse of behavior in its antimonopoly law. It is also very difficult to have a general definition. To judge some concrete competition behavior whether belong to abuse of market dominant position or not, we must recognized synthetically according to the concrete situation and all other correlation factors, combinating legislation object of antimonopoly law. Next, It analyzes the constitution of abuse of market dominant position. Third, It clarified the basic kinds of abuse of behavior. Last, It researches the causes of abuse of market dominant position.The third part is the system analysis of the different way controlling abuse of behavior and legislation styles. First, it introduces the behaviorism and structuralism which are different controlling modes in various countries' antimonopoly law. It points out that two ways have advantages respectively, and proposes the more ideal controlling mode must be the combination of them, and favors in the behaviorism to appraise the market dominant position abusing. Next, It analyzes and studies the legislation styles about controlling abuse of market dominant position system in overseas countries' antimonopoly law.The fourth part studies the legislation of China about how to control abuse of market dominant position. It is divided into four parts. First, it clarifies the basic theory premises about system controlling abuse of market dominant position, including economic theory and legal theory premises. Next, it proposes legislation object of antimonopoly law about controlling abuse of behavior. Third, it analyzes the current regulations of China and points out their limitation. Fourth, it designs the antimonopoly law system to control abuse of market dominant position.
Keywords/Search Tags:Market dominant position, Correlation market, effective competition, antimonopoly law, abuse of behavior
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