Operators Of The Abuse Of Dominant Market Position Damage Compensation Liability

The liability is an important guarantee for legal purposes, inner guidance law running direction and goals. Only improve the responsibility system of the Antimonopoly Law, offenders bear the legal responsibility, in order to prevent obstruction and restrict competition, and maintain effective competition in the market. Operators of abuse of dominant market position is one of the three pillars of the content of the Antimonopoly Law, adequately reflect the basic characteristics of monopolistic behavior. Not only does it undermine the market order of fair competition, will also cause the damage of the legitimate rights and interests of consumers and other operators. Therefore, to study the abuse of market dominance behavior damage liability of great significance for the improvement of the anti-monopoly law and judicial practice.The operators of abuse of dominant market position as a special kind of abuses, which not only undermine the market order of fair competition, but also cause the damage of the legitimate rights and interests of consumers and other operators. Although China’s "anti-monopoly law" provides for operators to abuse of dominant market position of administractive responsibility and civil liability, however, both compared to the civil liability provisions are very general and lack of maneuverability,this behavior damages to the abuse of market position with a lot of problems.Because administractive responsibility and civil liability is differention function,and can not solve the actual economic loss caused by the operators to abuse of dominant market position to other operators and consumers.Therefore,the economic principle of fairness not only in line with the economic law of damages for abuse of market dominance behavior,but also conductive to anti-trust function of play,in line with the purpose of anti-trust legislation.The study of abuse of dominant market position of our operators for damages is divided into three parts:The first part, the operators of abuse of market dominance should bear the liability for damages. This section describes the abuse of dominant market position as a damage to the market order of fair competition behavior, the nature of the violations, is a special kind of violations, shall ba liable for damages. And the part of operators of the abuse of dominance of the market, market damages characteristics of the in-depth analysis.The second part, the abuse of dominant market position, constitute the elements of liability for damages. This section focuses on the operators of abuse of market dominance behavior damages the constituent elements must have, including the implementation of the abuse of dominant market position, must generate a certain amount of damage to the fact that abuse of dominant market position and undermine the fact that a causal relationship between the four essential elements of subjective fault.The third part, the abuse of market dominance damages. This section of the abuse of market dominance behavior damages the recommendations of a three-pronged, include:the scope of the subject of claims of damages, liability principle and the introduction of punitive damages.