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Study On The Legal Regulation Of Large Retailers Abusing Relative Market Dominant Position

Posted on:2016-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2296330461462391Subject:Economic law
Abstract/Summary:PDF Full Text Request
Along with the formation of buying power and bilateral market, instead of the suppliers, retailers gradually becomes the leader of the supply chain. Faced with the severe imbalance of power between retailers and suppliers and retail channels fierce market competition, in order to increase profits, pass on the cost, large retailers turn to deprivation of the suppliers instead of the bid-offer spread profit model. They take advantages of the dependence of the suppliers misuse the relative market dominance, resulting of the strained retailer-supplier relationship, which seriously damaged the normal order of competition, and affected the interests of customers. For the issue, the article puts forward the advises to improve Anti-monopoly Law in our country, based on the basic theory of abuse of relative advantage position, combined with the experience of experience of regulations and existing system of competition law in our country, on the foundation of comprehensive analysis of misuse of large retailers’ dominant position.With the exception of introduction and conclusion, this paper mainly consists of five parts:PartⅠ Nantong Kaijun Economic and Trade Co., LTD and Shanghai Wenfeng Qianjiahui Supermarket Development Co., LTD are chosen as models, their joint contract dispute cases are briefly introduced, it is concluded that the main reason of frequent contradictions is the dominant position abuse of large retailers after summarizing each view, analyzing the focus of controversy, digging the root of conflicts.Part Ⅱ Abuse of relative advantage position of large retailers is summarized. First of all, “big retailers”, “relative advantage position”, “misuse” and some other related concepts are defined, then the current major performance of relative dominance of large retailers’ abuse are also listed, afterwards the legal constitutive requirements in abuse of relative advantage position are stated. Finally, the reasons of the large retailer’s abuse of relative advantage position are analyzed from the perspective of economics.Part ⅢAiming at the misuse relative advantage position of large retailers, it describes the regulation of our current law and reviews the shortage on that basis. In the first place, it introduces the general situation of the current legislation in China, including contract law, anti-unfair competition law, anti-monopoly law, managements of fair dealing between retailers and suppliers, after those defects of regulations of the abuse in the existing legislation are pointed from three aspects: unclear legislation, incomplete legal responsibility and unreasonable law enforcement agencies. It leads to the reference of extraterritorial experience and suggestions in the following passage.Part Ⅳ In the study of the United States, Japan, Germany, France and Taiwan regions relatively large retailers abuse of dominance, extraterritorial experience is summed up to enlighten our country-first: appropriate intervention of state is need when the market is out of order, second: complete rules of law should be set, third: strict legal responsibility should be put into effect, forth: the relevant law enforcement agencies and law enforcement procedures should be specified, fifth: subjective initiative of judicial official should be worked.Part ⅤSome countermeasures and suggestions are put forward aiming at the deficiency of our current legislation and advanced legislative experience of other countries: to complete the Anti-monopoly Law, to build strict legal liability system, to state the law enforcement of SAIC( the State Administration of Industry and Commerce) to investigate abuse of relative dominant position and to comply with the law enforcement process.
Keywords/Search Tags:Large-scale Retailers, Suppliers, Abuse of Relative Advantage, Dependency Theory
PDF Full Text Request
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