On Legal Regulation Of China's Low Price Dumping

The essence of market economy is the competition, the monopoly behavior, which destructs and restricts competition, is regulated by countries all over the world. Generally, the monopoly behavior includes three kinds, namely the agreements restricting competitions, the abuse of market domination status and the enterprise merger, the predatory pricing is precisely one kind of the abuse of market domination status. The predatory pricing is that some market dominant enterprises abuse their advantage to exclude or damage other competitors by sale commodity or provide the service in prices lower than cost prices. Because the predatory pricing is in a form of lowing pricing, which is hard to distinguish with normal price competition, so how to regulate predatory pricing become the difficulty in the making and enforcing of the anti-monopoly law.Our country still did not have an anti-monopoly law statute at present, the stipulation about the predatory pricing can be seen in, and the related laws and regulations, but there have many defects in some aspects ,such as the definition of the predatory pricing, how to identify it, how to regulate it, law responsibilities, enforcement organ. So, this article is researching how to know correctly the predatory pricing in our country, how to regulate the predatory pricing in the future anti-monopoly law, and how to carry on the conformity to the existing legislation after the anti-monopoly law has made.In the concrete content, this article is divided into three parts. In the first part, this article has made a simple analysis on the basic question about the predatory pricing, and made a definition on the predatory pricing concept, characteristic, harm and so on. In this part, this article advocates that the predatory pricing must belong to one kind of the abuse of market domination status, thus it breaks through the limit that of the stipulation about the predatory pricing in present legislation, which think the predatory pricing as one kind of the illegitimate competition. Introduced in second part of this article is how to recognize the predatory pricing in the law enforcement process. This article advocates that it must carry on from four aspects to recognize the predatory pricing, namely market condition, main body condition, subjective intention as well as objective behavior. In the market condition, this article believes that, not any market can have the predatory pricing; only the market where has some existence monopoly phenomenon has the possibility to have this behavior. On the main body, it must be the enterprise that occupies the market domination status can be able to implement the predatory pricing. In the subjective intention appraisal, this article advocates implementing the inversion of the evidence responsibility, that a suspect enterprise has to prove the rationality to sale commodity or provide the service in the price lower than the cost, if not, then infers it has an intension to push aside the competitor. How to recognize the cost, this article advocates that, take enterprise's individual cost as the object, and take the average variable cost as the principle, and take the average total cost as the exception to determine its cost.In the last part, this article unifies the overseas countries' experience in regulations on the predatory pricing with the present concrete law situation in our country to put forward some proposals to how to regulate the predatory pricing. This article advocates that, the predatory pricing must be regulated in the anti-monopoly law, superior with other abuses of market domination status in the law enforcement agency, the responsibility establishment. And our country should make the corresponding revision to the existing legislation, to consummate our country competition legislation system.