Regulation, The Law On Abuse Of Market Dominance Behavior

Market dominant position is also named monopoly power. Although antitrust law may say it with different words, there is coincidence in their basic meanings. That means the power of determining outputs, prices and sales of product in relevant market.Market dominant position is not condemned by antitrust law, but market dominant position is essential to determine the monopoly, antitrust law would condemn and saction the abuse of dominant market position only after we conclude that a firm is in the dominant position.Relevant market is crucial in antitrust analysis, relevant market is composed by product market geographic market and time market. To define dominant market position rightly will depend on defining relevant market rightly at first, in addition to it, there is a secondary matter of defining market dominant position by some criterions in the relevant market. In here, market share is crucial in defining dominant position, but we must consider the firms' power of comprehensive in some other conditions.There are no provisions on how to define market dominant position in U.S. legislation on antimonopoly. Department of justice and federal trade commission horizontal merger guidelines provided the provisions on how to define market how to measure the market share, which is helpful for defining market dominant position. The cases of Brown shoe co. and Grinnell co. make the regulations on defining the relevant market abundant. Differently, there are provisions on how to define market dominant position in German's legislation on competition. In the same time, the courts of German also developed the regulations on defining market dominant position in practice.At present, many countries's antitrust law only enumerated the abuse of market monopoly power. The regulations of monopolize and attempt to monopolize in U.S.