Research On The Legislation Of Abusing Market Dominance

Competition is the essential point of the market rule and effectivecompetition is necessary for the development of market. Moreover,monopolistic behavior should be reasonably restricted by competitionlaws. Abuse of market dominance, together with cartel behavior andnon-competition agreement are considered to be three major formsmonopoly by academics Abuse of market dominance, however, is themost harmful due to its comparatively more disguised operation whichmakes it more difficult to carry out investigations and obtain evidencesand more complex to identify. Fortunately, most nations have noticed thisproblem. For example, the United States passed the Sherman Act torestraint monopoly and protect competition as early as in1890. Aftermore than a century’s development, the anti-monopoly law system hasbeen fairly well developed in other countries. Different from them, Chinadid not have an Antimonopoly Law until2008because it only started tohave market economy not long ago and has not had an advanced marketcompetition culture. This first antimonopoly law in China, though helpedpromote China’s market economy development, seems to be powerlesswhen facing an increasing number of various kinds of abuse of marketdominance behavior in recent years. This reflects many questions of thislaw such as its indistinct allocation of legal liability, unclear rules aboutintellectual property protection abuse, and failure in defining market dominance behavior in the emerging Internet industry.To safeguard the order in China’s market economy and strengthenthe power of the Antimonopoly Law in restraining abuse of marketdominance, this thesis uses economics principle to analyze marketstructure model, and then states the dynamic relationship between marketstructure and market dominance. Based on that, it draws the conclusionthat in defining market dominance, we should take into consideration notonly market share of the operator in related market but also many otherfactors. This paper next analyses the definition, features and types ofabuse of market dominance. In addition, this paper investigates thedoctrine of liability fixation and legal liability of market dominance abuseof different countries based on comparison and study of the legislationmode of countries of different legal systems. In the end, this thesis, afterconsidering China’s current situation of market dominance abuse, makessome suggestions on how to use the Antimonopoly Law to improve thesituation. These suggestions include increase the liability for damage ofmarket dominance abuse, further improve the legal regulation ofcomparative advantage abuse, classify abuse of intellectual propertyprotection, support private antimonopoly lawsuits, and regulate marketdominance abuse in the Internet industry.