Font Size: a A A

Study On Problems About The Abuse Of Dominant Market Position Civil Litigation In China

Posted on:2014-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:E C JuFull Text:PDF
GTID:2296330431488329Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As one of the three major economic monopoly, abuse of dominant market position behavior can cause serious harm,is regulated by anti-monopoly law. In China anti-monopoly law execution mainly rely on public enforcement, the regulation of abuse of dominant market position behavior is characterized by administrative law enforcement of antitrust authorities. But since Antitrust Law implemented in China, anti-monopoly civil litigation has increasingly become an important way to regulate abuse of dominant market position behavior, a way of seeking legal redress in terms of the victim. However, due to the short time of the implementation of the anti-monopoly law, the imperfect legal system, the lack of judicial experience and the complexity of the abuse of dominant market position behavior, civil tort litigation of abuse of market dominance in China face many problems to solve. This paper mainly includes the following several parts:The first part, the introduction. This part mainly includes the main reasons of studying on civil litigation of abuse of dominant market position and the main problems to study in this paper.The second part, the definition of abuse of dominant market position behavior.The tort civil litigation of abuse of dominant market position behavior cannot leave the definition of abuse of dominant market position behavior.This part includes three aspects, the definition of the relevant market, the definition of market dominance, and the cognizance of the abuse of dominant market position behavior, to analyze and clarify the cognizance of the abuse of dominant market position behavior by briefly combining with Chinese current laws and regulations of major theoretical issues, to sort out a suitable theoretical framework.The third part, the current situation of civil antitrust abuse of market dominance. This part mainly analyse the main challenges antitrust civil litigation facing in China,by analyzing a few typical cases of abuse of market dominance since the implementation of "Anti-monopoly law".Given pre-academic consensus has been reached on the civil jurisdiction, administrative issues, civil liability provisions is mainly based on substantive law, the main problems are such as,the difficulty to define abuse of market dominance behavior, the difficulty, of trial, the uncertain standing of indirect purchaser, the difficulty to prove abuse of market dominance,the lack of public interest litigation, hard to guarantee protection of the interests of consumers.The fourth part,the scope of inspection on infringement of abuse of dominant market position in civil litigation. This article mainly study foreign related system based on problems encountered in civil litigation of abuse of dominant market position infringement.This part mainly includes four aspects, the definition of abuse of dominant market position behavior, the determination of the qualification standard, trial and evidence system,public interest litigation.The fifth part, the improvement suggestions on abuse of dominant market position in China tort civil litigation system. Combined with the actual situation in our country and the system outside, proposed consummates our country law, further clarify the law of abuse of dominant market position behavior, confer the plaintiff eligibility to the indirectly buyer, further reform the trial system and evidence system in our country, perfect the public welfare lawsuit, to perfect the tort civil lawsuit system of abuse of dominant market position our country.The sixth part, the conclusion.The seventh part, references.
Keywords/Search Tags:abuse of dominant market position, relevant market, dominantposition, abuse of antitrust civil litigation
PDF Full Text Request
Related items