On The Abuse Of Dominant Market Position In China's Telecommunications And Its Regulation

Due to its own specialty, the telecommunication enterprises as the typical public utilities are endowed with the market dominant position. But due to the anti-monopoly legislation lags behind, the weakness of the anti-monopoly judicature, and the affection and restriction from several factors, such as mechanism, history and cultural, the activities of abusing the power of market dominant position by the telecommunication enterprises haven't been effectively controlled till now. This status is very harmful to establish an order market competition mechanism, strengthen the competition consciousness of the telecommunication enterprises, enhance the ability of the telecommunication enterprises to compete with the domestic and international market, and to sustain the high speed and stable development of our country's economy.Based on these worries, this thesis analyzes the abuse of market dominant position by the telecommunication enterprises and law provisions in four parts.The content of the first part: through the analysis to the telecommunication enterprises as the typical public utilities from establish to now, from taking open policy to constructing competition structure, enumerate all kinds of activities of telecommunication enterprises to abuse the power of market dominate position by utilizing its independent business operator and the status of legitimate monopoly, propose the problems needed to be discussed and studied in this thesis. Comparatively analyze the relevant views of the basic concept of the public utilities in the relevant literatures; including the explanation in the dictionary, the academic view, and constitutional provisions. Based on the analysis, draw a conclusion that the telecommunication enterprises are the typical public utilities. Introduce the relevant definition, cognizance criterions and cognizance process of the dominant position. Integrated these theories, analyze the dominant position of the telecommunication enterprises in China.The content of the second part: introduce relevant theories, provisions and judicature methods of the concept, dividing method, and behaving type both domestic and abroad to identify the abuse of the market dominated position. Combined with the case, analyze and introduce the main behaving types of public utilities to abuse its power of market dominant position. Analyze the abuse of the market dominant position by the telecommunication enterprises in China, and propose the orientation and assume of market position for the telecommunication public utilities.The content of the third part: analyze why the telecommunication enterprises abuses their power of market dominant position. The main reasons are the halfway separation between the government and the enterprises, the unreasonable economic system, the underdeveloped commodity economy, the unscientific benefit mechanism, and unhealthy law system, and so on. Describe the main dangers of the telecommunication enterprises to abuse its power of market dominated position. The dangers are showed in following aspects: (1) Block the development of the productive force; (2) Disturb the establishment and improvement of the Market Economy System; (3) Harm the socialist spiritual civilization building; (4) Hurt the legitimate rights of the consumer; (5) Restrict the fair competition between the telecommunication business operators.The content of the fourth part: aim to cause and situation of the telecommunication enterprises abusing their power of market dominant position, make some proposals. It includes: establish the effective supervision and management organization; the real separation between the government and the enterprises; establish the eligible marketing corporation; enhance the competition situation; as soon as possible to draft out the Anti-monopoly Law and Telecommunication Law, especially do well with the relation between them, consummating the system of laws and statutes.The content of the conclusion part: conclude the main ideas of this article; the key is to conclude some new ideas of the author. (1) Aim to the telecommunication enterprise's ascription, making a scientific classify, the telecommunication enterprise belong to the public utilities; (2) The telecommunication enterprise in China are significantly dominating the market; (3) Between accelerating the competition of telecommunication enterprise and protecting the consumer's rights, chiefly we should make the realization of real competition among the telecommunication enterprise, then throng it to make the consumer get more interests, consequently to arrive the target of protecting the consumer's rights; (4) The best way to control the telecommunication enterprises to abuse their power of market dominant position is to strengthen the reform of political system and improve the law and provisions at the same time.