The Identification Of Undertaking’s Abuse Of Domination Position In The European Competition Law And Its Reference Meaning For Chinese Antitrust Law

The identification of undertaking’s abuse of domination position in the Europeancompetition law always stands in front of the research of international competitionlaw. After the theoretical research of the legislators and improvement of the judges ofthe European Court of Justice, the identification of abuse of domination position inEurope is advance and perfect, and worthwhile for the reference by all countries in theworld. This dissertation is based on the basic legislation of European law and cases ofEuropean Court of Justice, and puts emphasis on the procedure and steps for theidentification of undertaking’s abuse of domination position in Europe. It mainlyconsists of following parts:First chapter indicates the legislative theory of European Competition Law andprovides the short summary of abuse of dominant position. In this chapter, I mainlydiscuss different theories of scholars at the very beginning of the legislation ofEuropean Competition Law and both the current legislative situation and legislativepurpose of European Competition Law on the abuse of dominant position. Thischapter is to provide a basic idea of European Competition Law and rules ofidentification of undertaking’s abuse of domination position in Europe. Second chapter makes some researched on the identification of undertaking’sdomination position and its related legal issue. In this chapter, I first focus on theidentification of “undertaking” and analyze different types of undertakings in order tofind out whether that target entity is the subject under the regulation of abuse ofdomination position or not. Then, sufficient substitution method will help to identifythe scope of relevant market and further identify whether the target entity hasdominant position in that relevant market. Meanwhile, I point out the function ofmarket share in the identification of undertaking’s dominant position and some otherfactors used to determine the undertaking’s dominant position.Third chapter analyzes the identification of abuse of dominant position and itsrelated legal issues. In this chapter, I mainly analyze the different categories ofundertaking’s abuse of dominant position, namely exclusive abuse and predatoryabuse, and identification of abuse of dominant position. Meanwhile, I also analyze thederogation for undertakings of their abuses of dominant position.Last chapter shows the identification of abuse of dominant position in China andsome improvement measures. In this chapter, I essential analyze the current situationof the legislation of abuse of dominant position in Chinese Antitrust Law, the mainmethod of identification of abuse of dominant position under Chinese Antitrust Lawand its shortcoming. Finally, I combine above three chapters which indicate the wayof identification of abuse of dominant position in Europe and refer that advanced andperfect identification into the legislation of abuse of dominant position of ChineseAntitrust Law. I will also propose some suggestions in this chapter to ChineseAntitrust Law.