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Competition Law Countermeasure Research Of Abuse Of Market Dominance Behavior Of The Triple Play

Posted on:2014-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2256330401977996Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Triple Play is very important to China’s national economic development strategy,to promote the Triple Play is not only conducive to the rapid development of China’sinformation and communication field, but also conducive to the benefit of ordinarypeople. The State Council and ministries repeatedly introduction of relevant policiesand regulations to promote the Triple Play, and want to accelerate the pace ofdevelopment in China’s science and technology and economic aid of the technicalinnovations to better promote the progress of society.At this stage, monopoly has become a huge obstacle to hinder the process of theTriple Play. Broadcasting, Telecommunications and other industries occupy theabsolute dominance of the market in our original planned economic system, with thegradual opening up of the market, the market competitive increased.These operatorsuse their dominant market position predatory prices to set up barriers to entry, anddestroy the competition, damage interests of the consumers, which greatly hinders thedevelopment of the market economy. Therefore we need the entry of competition lawto regulate the market guide.Abuse of a dominant market position behavior in the Triple Play is similar to thecommon industry, and it also has its own different characteristics. Thesecharacteristics determine we need to comprehensive consideration of the relationshipbetween industrial policy and competition policy. Triple Play will have a huge impacton China’s information industry, and the industry structure will change dramatically.In the early stages of the formation of an industry, competition law will be able toparticipate actively regulate and guide the development of the industry, which reflectsthe importance of competition law in the economic life, and this model will have a profound impact on China’s future economic development. That’s why I choose thisissue to research.Triple Play has been carried out for decades abroad, they have more matureexperience in the application of competition law, reference to these foreign experienceis a practical way for our country. In the legislative and institutional areas, theadoption of the practices and experiences of the United States, the European Unionand other countries will give full play to the advantage of our country. However, weshould take full account of the situation of our own country, and not blindly copy theforeign experience.Domestic research on Triple Play from the view of competition law is relativelyfew, but with the recent anti-monopoly law enforcement agencies to intensify lawenforcement efforts, some typical cases have Attracted the attention of scholars. TheCase of Telecom and China Unicom fully reflects the damge of abuse of marketdominance behavior, this case also shows the determination of the country’s strictlyenforce the anti-monopoly law and to promote the Triple Play. In this context, thereaserch of abuse of market dominance behavior in the Triple Play is even moreimportant.This essay is divided into five Chapters. Chapter I introduces the concept of theTriple Play and it’s development process in China, focusing on the changes of themonopoly characteristics of Triple Play and the relevant industry,and the applicable ofthe competition law in the field. Chapter II describes the main types and impact of theabuse of market dominance behavior in the Triple Play, then the analysis the Case ofTelecom and China Unicom from the perspective of our existing Antimonopoly Lawhas been introduced. Chapter III introduces the difficulty of the abuse of marketdominance behavior in this stage. Chapter IV introduces the experiences to regulatethe abuse of market dominance behavior in the process of Triple Play in the UnitedStates, the United Kingdom and the European Union. Chapter V, the author will givesome advices to improve the competition law, and to promot the Triple Play, byrefering to the domestic and international experience.
Keywords/Search Tags:Triple Play, Abuse of Market Dominance, Competition Law, Regulation, Countermeasure
PDF Full Text Request
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