Study On Anti-monopoly Regulation On Super-Scale Retail Enterprises Abusing Market Advantage Position

The formation of market advantage position is based on dependency, and the market advantage position of large-scale retail enterprises is from its two-side-markets (TSMs) attribute. Because of the external network characteristic of TSMs, large-scale retail enterprises attract consumers to participate in trading through free service and then attract suppliers. In the meantime the characteristics of products’differences, perfect sales channel, favorable location and mature business circle what are showed by large-scale retail enterprises all strengthen the suppliers’dependence to large-scale retail enterprises. Large-scale retail enterprises utilize this position to implement a series of control methods to suppliers, such as charging slotting allowance and signing overlord terms. The implementation of these methods not only damage the fair of market competition, but also harm the benefits of other competitors, and finally harm interests and rights of consumers’, it should be regulated by anti-monopoly law.This paper is divided by four main parts to study on anti-monopoly regulation on large-scale retail enterprises abusing market advantage position.The first part is "Preface". In this part, the development background of large-scale retail enterprises and the current disputes between large-scale retail enterprises and suppliers are introduced. Then, the insufficiency of the study based on the existing literature is summarized. Finally, the subject of this paper is introduced.The second part is "TSMs Attribute of Large-Scale Retail Enterprise". In this part, a clear definition and characteristics of TSMs are given, and then the conclusion of large-scale retail enterprises have TSMs characteristic is concluded, laying on the foundation for using TSMs theory to analyze the market advantage position of large-scale retail enterprises.The third part is "Large-Scale Retail Enterprise Market Advantage Position and Abuse". In this part,"market dominant position" and "market advantage position" are defined and they are thought to be two independent concepts. Then large-scale retail enterprises have market advantage position are concluded by using TSMs theory. At last, the typical abuse conducts are enumerated.The fourth part is "The Anti-Monopoly Regulation on Large-Scale Retail Enterprise Abusing Market Advantage Position". It is essential to regulate with anti-monopoly law after analyzing the harmfulness of large-scale retail enterprises abusing market advantage position. Then a series of suggestions are put forward through using the advanced experience of Germany, Japan and other countries, hoping to perfect China’s anti-monopoly legislation.