EU Research On Abuse Of Dominant Market Position Of Legal Regulation

As one of the world’s most influential competition law system, the European Unioncompetition law has a relatively mature framework for the the regulation on theconduct of the abuse of dominant market position. It also provides a perfectEuropean model for the other country’s legislation, and it has achieved some positiveeffects on the the antitrust legislation concerning the abuse of dominant marketposition. From the view point of the purpose of legislation, the primary goal of theEuropean Union competition law is the maintenance of a free, equal and opencompetition for the market economy. An enterprise’s market position determines itscompetition ability and level. Clearly, the enterprise, which has dominated themarket competition, has the advantage position and may destroy other market forcesif it does not use its advantage status properly. How to make the determination ofdominant market position, how to carry out the reasonable regulations on the abuseof the dominant market position behavior, and how to prevent the abuse law fromrestricting competition, is a vital important issue for the competition law legislation,as well as during the judicial practice. Therefore, studying the legal regulations onthe abuse of dominant market position in the European Union is not onlyindispensable in theory, but also carries very important significance in practical forprotecting the free and open market, the rights and interests of the consumer, as wellas maintaining the huge European open market in unification.Therefore, studying the legal regulations on the abuse of dominant market positionin the European Union is not only indispensable in theory, but also carries veryimportant significance in practical for protecting the free and open market, the rightsand interests of the consumer, as well as maintaining the huge European open marketin unification.In addition to the introduction, this dissertation consists of three parts of more than30,000words in total. Using the methods of economics analysis, comparativeanalysis, empirical analysis and case analysis, this paper emphatically analyzes thelegislation and the practice of legal regulation on the abuse of dominant market position in the European Union.The first part mainly elaborates the European Union’s legislative stipulation on thecompetition law which regulates the abuse of dominant market position. First, fromthe perspective of historical development, it carries a systematic combing analysisand display on the developmental level of the European Union competition law. Itexpounds all phases of the revision and the treaty renewal situation of EuropeanUnion competition law. Therefore, it analyzes and concludes that the legislativeunification is suitable for implementation. It also represents the three levels oflegislation, the treaty of work performance mode of European Union, the rules madeby European Union council, and the rules, instructions and decision etc. made by theEuropean commission. Secondly, in the European Union competition law system, thedetermination of a dominant market position requires that the relevant market beexplicitly related with three factors including the product market, regional market,and time market. The102nd section of "Treaty on the Functioning of the European,TFEU" is one of the core terms of European Union competition law. Using thegeneral survey and the list of examples, it regulates the abuse of dominant marketposition behavior. Through the interpretation of the legal clauses, and the analysis onthe classification on its crime behavior constituents and its form of expression, thusthe judicial can perform the corresponding legal measures to regulate the abuse ofdominant market position behavior effectively.The second part, through empirical classification research on the judicial cases ofabuse of the dominant position behavior. First it introduces the two defenseprinciples in the abuse of dominant market position behavior. Although the EuropeanUnion is not willing to use the term of "the reasonable rule", but would rather use theterm of "objective necessary principle", but in the legislation and in practice, theEuropean Union has been more and more considering the reasonable principleanalysis methods. Next, standpoint in practice, the position taken by the Europeancourt is to define the abuse of a dominant position by the implementation of abusebehavior. The standard used in the determination of the abuse of a dominant position,requests the enterprise with dominant position to undertake more social responsibilities and to protect the small and medium-sized competitors in the samemarket environment. Finally, through two typical cases, this paper illustrates andanalyzes how to apply the European Union competition law to regulate the abuse ofa dominant market position, including the existing problems in practice and ananalysis on the relationship between the European Union Court and its membernation court, etc. The third part mainly bases on the macroscopic analysis andinduction summation. Through the above analysis on the European Union’slegislation on the abuse of dominant market position, their judicial elaboration andcomparative analysis with our country’s, this paper summarizes the successfulexperience of the European Union’s competition law, and endeavors to provide somebeneficial enlightenment and useful reference for the antitrust law and regulation onthe abuse of dominant market position for our country.