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The Study On The Confirm Of Illegality Of Price Monopolistic

Posted on:2013-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:M L OuFull Text:PDF
GTID:2246330374990514Subject:International Law
Abstract/Summary:PDF Full Text Request
Price monopolistic refers to the behavior with a purpose to restrain competitionor behavior which can lead to similar effect. Usually it has pricing content or it uses apricing method to achieve it. According to anti price monopolistic provision, there arethree categories of price monopolistic: price monopolistic agreement, price abusingbehavior as well as an administrative monopoly in terms of price. This paper will onlystudy the first two categories and corresponding definitions of these two behaviorswill be presented. In addition, there is a detailed research on violation confirmation.The Price monopolistic agreement is a monopolistic agreement with pricingcontent therefore its analysis also applies to the general method of monopolisticagreement. However, there are two procedures in European and American law.Initially the damage caused by the agreement should be assessed and then theefficiency should be analyzed. Whether the efficiency can be offset by the damagewill determine the violation of the agreement. As far as the concrete mode isconcerned, it can be epitomized in the101clause (3) of the EU which includes fourexemption conditions. In America it is based on the first clause of Sherman Act thatforms the violation principle and the rule of reason. The15th clause of our anti-monopoly law mainly takes example from the EU. The price monopolistic agreementcan be divided into horizontal one and vertical one. The damage of horizontal fixedprice is very serious and under normal circumstances it will not generate efficiency.Therefore there is no need to conduct efficiency analysis. However, the vertical fixedprice is able to generate efficiency.The price abusing behavior belongs to the dominant abusing behavior throughpricing approach. The general analysis method of dominant abusing behavior is thesame with monopolistic agreement. Firstly it is necessary to assess whether thebehavior exclude restrained competition and then the efficiency should be evaluated.The doer can also conduct efficiency debate. In a concrete term, the negative effect ofpredatory pricing is obvious and it will not generate efficiency. In addition, it isillegal itself. However, the core of defining predatory pricing is whether the doer isexpanding the damage. Concerning the pricing discrimination, the key in defining isthe fact that the sellers acquire different profits from various buyers. If the pricingdiscrimination can add to the total social output then it is efficient. Therefore it will not be prohibited by the anti-monopoly law.
Keywords/Search Tags:Price Monopolistic, Monopolistic Agreement, Abuse Of Dominance, Efficiency, Illegality
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