Anti-Unfair Competition Regulations On Behaviors Of Abusing The Comparative Advantage Position

With the continuous development of retail industry, the problem that largeretailers collect the "entrance fee" become more and more serious, the theory ofabusing the comparative advantage position (ACAP) emerges as the times require,many scholars have adopted and used it to solve the related problems. Basing on thebasic theory of ACAP, combining with the different regulation attitudes of the othercountries on ACAP and our country’s current competition law system, there arefollowing questions in this paper:1. Whether the theory of ACAP has theoreticalsignificance?2. Whether the regulation of ACAP has practical significance?3. Howto put the regulation of ACAP into our current competition law system?4. How toimprove the <Anti-Unfair Competition Law>to regulate the ACAP? There are fivechapters in this thesis:Chapter1: Introduce the concept of ACAP and make comparison with its relatedconcepts. Beginning with the special characteristics of ACAP, through comparingwith “abusing market dominant position" and "vertical restrictive competitionagreement", it turns out that ACAP will damage the interests of relative trading partiesand consumers, and it will be hard to regulate it by the current system.Chapter2: Demonstrate the importance of ACAP to exist independently and itseffect in practice. This chapter describes the queries that the ACAP suffered and theresponses to these queries, by analyzing the different ideas of the questions and responses, the writer thinks the theory of ACAP is an effective complement to thetraditional competition law theory and it is necessary to regulate the ACAP inpractice.Chapter3: Elaborate the definition and basic types of ACAP. Starting with thefour elements to identify ACAP, then through observing the judicial practice ofdifferent countries (regions) to summarize the typical performances of ACAP. ButACAP has varies types of behavior, so it should be affirmed case by case.Chapter4: Introduce the legislative modes and regulation attitudes of ACAP indifferent countries (regions). Through analysing the different practices and the reasonsof them, considering our country’s competition law system, it will be more reasonableto put ACAP into the regulation of the <Anti-Unfair Competition Law>.Chapter5: Put forward some modification proposals to improve the <Anti-UnfairCompetition Law>. Based on the practical problems emerging in our country’s currenteconomic society, it will be the most reasonable method to regulate ACAP by<Anti-Unfair Competition Law>.On this foundation, through modifying the specificterms and setting the legal liability to give ACAP special regulation.