On Anti-trust Regulation, Abuse Of Market Dominance

The regulation of abuse of market dominant position, enterprise's mergers and Cartel are the basic content in Anti-monopoly Law. The regulation of abuse of market dominant position is one of central part, which is helpful to maintain free competition, consumer welfare and firm's fair benefit.The text begins from the basic principle and introduces some different regulations of different countries. The thesis points out some suggestion for the choice of China Anti-monopoly Law by comparing the different regulations of different countries. The text includes preface, main content and conclusion. There are three parts in all. The first part of this text analyzes the basic principle of the regulation of abuse of market dominant position. At first, the text begins from economic and legal analysis. Secondly, the text introduces the hazard of abuse behavior and the merit goals of regulation. The regulation can reach the goals of free competition, consumer welfare and firm's fair benefit. At last, the text describes the relation of Anti-monopoly Law and the abuse of market dominant position.The second part of this text introduces different regulations of abuse of market dominant position by comparing the different countries. At first, the text has briefly summed up the concept of market dominant position. Market dominant position is a kind of enterprises'control power, having this power, enterprises are able to decide prices, outputs, markets, etc. They aren't affected by the dynamic of competition in special relevant market. The determination of market dominant position requires to synthesis many related factors. In addition to market shares factor there are other factors that reflect enterprises'synthetic power. Meanwhile, this part has concretely described the main forms of market dominant position. These forms are composed monopoly and quasi-monopoly, absolutely superior position, oligopoly monopoly and other forms according to legal reference. Secondly, this text has specifically analyzed abuse acts. Abuse acts mainly consists of monopoly pricing, refusals to deal, tie-in sales or tie-in other unreasonable condition, exclusive dealing agreements, etc. Thirdly, this text introduces that Constructivism and behaviorism are two approaches of Anti-monopoly regulation. Constructivism regulates concentrating situation in order to control the degree...