On The Anti-monopoly Law In The Application Of The Principle Of Essential Facility Doctrine And Perfect

If a control infrastructure and enterprises occupy a monopoly position in this market,refused to permit its competitors to use its control of the core facilities in a reasonable manner,its competitors can not use this core facility associated with the market compete effectively,should an order to permit its competitors in this monopoly of enterprises to use its control ofthe core facilities in a reasonable manner, namely, the principle of core facilities. Theprinciple is that restrictions on freedom of contract, for competition law enforcement agenciesa force companies to allow competitors to use its facilities means to prevent the occurrence ofabuse of market dominance behavior in a natural monopoly enterprises, promote thedevelopment of competition in the market especially in the telecommunications, electricityand other network or core facilities of the natural monopoly industries, anti-monopoly cases,is one of the most important principle. China’s "anti-monopoly law," a scientific introductionof this principle, to prevent monopolies from abusing a dominant market position to promotepromote enterprise reform and the establishment of the competition in order to maintain faircompetition in the market, and enhance China’s economic vitality and competitiveness,consumer protection interests and social public interests, and promoting the development ofsocialist market economic health, has very important significance.In the field of anti-monopoly legislation and national conditions of China’s currentsituation, draw and is necessary to introduce the theory of core facilities. China under theframework of the antitrust laws, on the form and content of legislation to be perfect. Forexample, in intellectual property law, combined with the theory of infrastructureestablishment and improvement of intellectual property rights of reasonable conditions toenforce the licensing system, reasonable terms and conditions of compulsory license for theelimination of restrictions on intellectual property rights of rights holders to transfer and toexclude others from competition attempt, but also to right to reasonable compensation for theinterests of maintaining the function of intellectual property rights to stimulate innovation.From the three chapters discusses the core facility principle apply to the AntimonopolyLaw, and to improve the thinking of the measures: the first chapter to proceed from concept todefine the core facility principle of connotation, illustrates the important role played in theanti-monopoly, and the principle of positive and negative evaluation. The second chapter is devoted to the principles of core facilities in the application of the national anti-monopoly law,and bring to our antitrust laws to implement the principles of experience. The third chapterthinking about the perfection of the principle of core facilities in China. Divided into three,the first description of the Antimonopoly Law applies to the core facility principle of rationalanalysis, and analysis core facility principle applies to the problems in our antitrust laws, andfinally describes how to improve the principles of core facilities, and this is This articlefocuses on chapters. Its contents, including the principle of improving the core facilities of theguiding principles and objectives, a core facility in the case of abuse of market dominanceprinciple is sound, the sound principle of core facilities in the field of intellectual propertyabuse case, the principle of core facilities in the industry control is perfect.