Price Discrimination. Antitrust Laws Under The Vision Research

The recognition of price discrimination from law is a very complex question, which is also the foundation of legislation and enforcement. This paper's main purpose is to resolve this question. The whole paper adopts the methods of revealing the essence and regularity of things to resolve the complicated phenomenon of price discrimination: when defining the concept, it grasps the essence of price discrimination, that is, the price difference of products is irrelative to the change of its costs, which is helpful to escape from the puzzle due to the various ways of price discrimination; when affirming the subjects of price discrimination, it suggests that the law should recognize price discrimination by the extent of control by the connected company, rather than the independence by appearance; when summarizing the change of recognition standards of predatory pricing , it reveals the principles underlying this question, and analyzes the essence of rebate and discount, then puts forward the legislative suggestion.The arrangement of structure adopts the method of combining whole-part: Firstly, the thesis analyzes the concept, principle, reasonable existence and hazard of price discrimination in economics, then derives the reasonable foundation for law to regulate the price discrimination: on the one hand , the misuse of price discrimination leads to the result of restrictive competition and unfair competition, thus it is necessary for law to regulate that; on the other hand, the existence of price discrimination has its reasonable foundation, so the law should regulate in the reasonable extent; Secondly, the thesis analyzes the component of price discrimination from macro perspective, and hopes to grasp the characters of price discrimination from the total level; Thirdly, the thesis analyzes the several typical forms of price discrimination, and hopes to reveal it's developing regularity from micro perspective. Because predatory pricing is the key question of price discrimination, and is also the most complicated, changeable institution, which is laid more ink, it will be analyzed in this section. As far as the question of rebate and discount is concerned, the thesis pays more attention to those, because the divergence of various countries' law is great, especially because our country has special rules about these. At last, the thesis analyzes the special situation of our country and the valuable trend of anti-trust. Based on this foundation, this section firstly puts forward the legislation suggestion to the draft plan of antitrust law, and then raises the relative countermoves to the special forms of price discrimination mentioned above.