| Market economy system can not develop without a free and fair market competition order. However, a variety of companies'monopoly behaviors in the market especially public enterprises'abuse of market dominant position which related to the national economy, are not only preventing other operators from fair competition and infracting the legitimate rights of consumers, but also undermining the market competition order and detrimental to the healthy development and orderly operation of socialist market economy. In our country, before the Anti-monopoly Law, regulations on public enterprises'abuse of market dominant position are on the basis of the Anti-Unfair Competition Law, the Price Law and relevant industry legislation. The actual regulations have some limitations to public enterprises'abuse of market dominant position because of factors such as constitutive time, legislative purpose, values or legal system. The Anti-monopoly Law has been implemented since August 1st, 2008, which is targeted regulating public enterprises'abusive behaviors of market dominant position and providing important legal protection to define a fair and orderly market competition environment for our country. However, due to the diversity and complexity of enterprises'economic activities and business acts in the market, the Anti-monopoly Law is needed to constantly improve by issuing the implementation rules and related supporting measures in the course of practice. Therefore, the paper draws on the experiences of foreign countries and combines with the specific conditions mainly by analyzing specific content of the Anti-monopoly Law and its issued regulations on public enterprises'abuse of market dominant position, in order to pertinently bring forward a few superficial proposals to improve the anti-monopoly regulations on our public enterprises'abuse of market dominant position.It uses combinative methods of empirical analysis and comparative study in this paper. For example, empirical analysis method is to the specific performance and main reasons of public enterprises'abusive behaviors of market dominant position, and necessity for regulation on public enterprises by the Anti-monopoly law. At the same time, comparative study method is to relevant legislation of public enterprises'abuse of market dominant position before and after the Anti-monopoly Law, and improving monopoly measures of public enterprises'abusive behaviors of market dominant position.The text consists of three chapters. The first chapter is about overview of public enterprises'abuse of market dominant position. Through the concept and main characteristics of public enterprises, we can see public enterprises have characteristics about public interest, service network and natural monopoly which are different from the general business, and abusive behaviors of market dominant position such as monopoly price, predatory pricing, refusal of deal, limited to transactions, tying and differential treatment. Reflecting the main reasons for public enterprises with the market domination and our public enterprises'abuse of market dominant position based on it. The second chapter is about the regulatory framework of public enterprises'abuse of market dominant position by the Anti-monopoly Law. By comparing the related legislation such as the Anti-unfair Competition Law, the Price Law and industry legislation on public enterprises'abuse of market dominant position before the Anti-monopoly Law, we can see the necessity and progress for regulation on public enterprises'abuse of market dominant position by the Anti-monopoly Law. The third chapter is about perfecting regulation on public enterprises'abuse of market dominant position by the Anti-monopoly Law based on the previous paper. Undeniably, the Anti-monopoly Law has a significant and far-reaching significance, but it will take a long time for perfecting and maturing itself. To the public enterprises'abusive behaviors of market dominant position, the Anti-monopoly Law appears some deficiencies in actual implementation and application. Like anti-monopoly enforcement and industry regulatory, legal responsibilities and anti-monopoly civil procedure to public enterprises'abusive behaviors of market dominant position. On objective analysis and preliminary thinking, advanced experiences of foreign anti-monopoly law are selectively recruited in accordance with the actual conditions of our country. We should perfect complementary measures of the Anti-monopoly Law as soon as possible, in order to coordinate anti-monopoly enforcement and industry regulatory, perfect legal responsibilities and thin anti-monopoly civil procedure to public enterprises'abuse of market dominant position, which can make public enterprises'abusive behaviors of market dominant position be more practical and effective regulated in the future by the Anti-monopoly Law. |
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