The Research Of Price Discrimination By Antitrust Law

The term price discrimination refers especially to a kind of behaviors taken by those businesscorporations that hold market dominating position, which makes the same products or services becharged discriminately according to where they are sold or who the customers are. As pricediscrimination turns to exert considerable destructive effect on fare and open market competitions, itis one of the main targets to be banned or restricted by anti-trust laws and regulations。Although ageneral principal of legal regulations has already been set up, the lack of specific details makes suchlaws not suitable for any practical application. Meanwhile, as China’s socialist market economydeveloping rapidly, methods of price discrimination become more frequently applied in every industry,in that the economic structural reform is extremely affected by such behaviors that go fundamentallyagainst an open market. Thus it is urgent to produce practical legal measures against this phenomenon,so as to protect benign competition in China’s socialist market economy and ensure a normal, healthydevelopment.Concerning the discussions above, this article, based on the reference of the legislations ofcertain countries and districts, with consideration of a series of laws and acts China issued earlier,starts with a clear definition of price discrimination, and then analyzes its practical means andpossible causes, and such behaviors remain to be ill regulated in the field of legislation, and poorlyhandled during the process of judicial practice, which in a way shows that China’s jurisprudentialcircle has not achieved a consensus of opinion on the subject concerned. Later on I intend to discussthe main applying the method of comparative analysis, this article aims to conclude a operable legaladvice using the foreign and domestic experience on the related field, in order to help sound anti-trustlaws against price discrimination be made in China.