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Large Retailers Abuse Of Dominant Position In The Transaction Behavior Regulation

Posted on:2007-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2206360185984925Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It has become unwritten rule that manufacturers should pay to the operators of supermarkets for the entrance into their markets, which is so-called "commercial custom". By the analysis of the characters of this act, the author has pointed out that the large shopkeepers has abused the advantage in the market which is relative because there exist the contorted relationship between the shopkeepers and suppliers.Large shopkeepers have controlled the process of purchasing and selling through the domination of the transaction to ensure their status of advantage. The intrinsic impulsion of the large shopkeepers is to establish the status of monopoly and to exclude competition, which result in market malfunction. This monopolistic act has endangered the market principles and competition, so it fall into the scale of the antimonopoly law. One of the objectives of the antimonopoly law is to prevent the abuse of status of the advantage.By reference to foreign legislation, the author suggests that it should promulgate "the antimonopoly law", enact "the law on the distribution of large-scale retail business" drawing the related experience of Japan, and introduce the system of hearing of witnesses to regulate the behaviors of shopkeepers and impress the administrative, civil and criminal responsibilities.It is necessary to prevent the abuse of the preponderant status in transaction for the development of our economy. It not only has significance in the development of the market order in China, but also has theoretical value to the establishment of the framework of the antimonopoly law which is being enacted.
Keywords/Search Tags:Abuse, The status of advantage in transaction, Antimonopoly, The system of hearing of witnesses
PDF Full Text Request
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