New Economic Legal Regulations, Abuse Of Market Dominance Behavior

The new characteristics of new economy have deeply affected the competition environment and behaviors of the business enterprises. At meanwhile, they bring about new problems to the antitrust law. The business enterprises have intentions and possibilities to obtain the market power. How to regulate the abuse of a dominant position becomes the focal point of antitrust law. Firstly, this paper re-defines the relevant market and dominant position in new economy. There are no new competition issues which can not be resolved by existing antitrust law in new economy. What we need to do is to analyze the relevant elements in the existing system. The Rule of Reason should be adopted in analysis.Price monopoly, refusal to deal and tying-arrangement are the methods which the dominant enterprises often take to restrict the competition. These conducts in new economy have effect on the competition and efficiency differently from traditional economy. The paper points out the limitation of the traditional criterions in studying these conducts. The author analyzes the characteristics of the three kinds of conducts in new economy one by one, with the purpose that the regulative criterions should be revised in new economy.