State-owned Enterprises Legal Regulating Abuse Of Dominant Market Position Behavior Research

The abuse of dominant market position is one of the most important parts of theAnti-monopoly Law of the people’s republic of China. As a socialist country, Chinesesocialist public ownership economy is the main part of national economy andstate-owned enterprises hold the dominant position of major industries and key areaswhich are related to national economic lifeline and state security. Therefore,state-owned enterprises committing the acts of abusing dominant market position arethe common monopolistic conduct of our country. In view of the significance oftheoretical research for legislation and judicial practice in anti-monopoly field, thisthesis is divided into three chapters to carry out the research on prohibition of thestate-owned enterprises’ abuse of dominant market position.Chapter one mainly discuss the dominant market position and the abuse ofdominant market position, including their definition and cause of formation andidentification method, trying to establish the theoretical basis for the further researchof prohibition of the state-owned enterprises’ abuse of dominant market position.Chapter two makes an intensive study of the state-owned enterprises’ abuse ofdominant market position by the means of principles of political economy and casestudy. The first section reviews the history of the reform and development of Chinesestate-owned enterprises and lists substantial economic data, demonstrating that theChinese state-owned enterprises is holding the dominant market position of majorindustries and key areas of Chinese economy. The second section scope the concretemodes and the great influences of the state-owned enterprises’ abuse of dominantmarket position based on several cases study. The third section reveals the damage ofstate-owned enterprises’ abuse of dominant market position to the ordinary consumerand national economy, emphasizing the necessity of prohibition of the state-ownedenterprises’ abuse of dominant market position. The fourth section mainly focus onthe four reasons of state-owned enterprises’ abuse of dominant market position frompolitical，economic and law angle. And on the basis of the reasons, we can offersuggestion and theory to improve the prohibition of the state-owned enterprises’ abuseof dominant market position.Chapter three firstly makes a comparison between foreign anti-monopoly law anddomestic foreign anti-monopoly law and suggests we should gather the merits andexperience from the advanced country to strengthen the prohibition. Finally, according to the above research, this thesis offers four suggestions in order to improvethe prohibition.