Abuse Of Dominant Market Position Of The Antimonopoly Control Study

Market is the carrier of competition. Enterprise is the subject of market. Market is the place for enterprises to exchange goods and service according to certain market rules. The core of market rules is competition, through which to achieve the survival of the fittest and the best allocation of resources. However, the development of human society economy proved that, the market itself has a paradox, that if we allow the market not under supervision, then it can result in excessive market competition, thus cause the economical strength to be over-concentrating and lead to the enterprise's market dominating status. The main purpose of this article is to avoid the abuse of dominant market position, preserve rational market structure, protect equitable competition and the legal rights and interests, promote and guarantee the healthy development of market economy. Based on the actual circumstances of China and the experience of Western countries, this article will help to regulate the abuse of dominant market position of domestic enterprises.In research technique, because the issue discussed in this article and the issue of economic policy closely related, therefore this article has utilized the economic analysis method. In addition, considering that the foreign countries have quite complete and the advanced regulations in this aspect, and thus it will be of great value to our legislation, therefore on many occasions in this article comparative analysis research technique is used, including comparative analysis of domestic and foreign correlations laws and regulations, domestic and foreign economic and social situation, and so on. Moreover, historical and diagnosis analysis method are also employed in this article. Studying the history and our contemporary era, looking forward the future, carrying on the historical analysis and the diagnosis analysis will be the fundamental research method of the article. At the same time, the author thinks, the antimonopoly law has close economic relation with economics, thus in the article the economic research technique is also employed.This article starts from origin to discuss the theoretical foundation and legislative purpose of the system of prohibition of abusing dominant market position. This article concentrates on the regulation of abusing of dominant market position by defining of market dominant position, style of legislation, mode of control and punishing sanctions.Because China lacks anti-monopoly legal tradition and legislation experience, the Anti-monopoly Law may lead to uncertain social and economical effect. So the Anti-monopoly Law chooses principium mode of legislation and has many shortages. This article based on international experience and actual situation of China, summaries research achievement, legal cases and legislation experience. This article also proposes several suggestions for the enforcement of the Anti-monopoly Law. That is to develop implementation details of the Anti-monopoly Law and organize professional law enforcement agencies to complete the Anti-monopoly Law system.