To Discuss The Legal Regulating Of The Anti-monopoly Law On The Abuse Of Market Dominant Position

As the three basic pillars of the anti-monopoly law, prohibition of abuse of dominant position has a vital role to maintain free competition, to protect enterprises participate freely in market competition and to defend consumer rights and interests. After thirty years of development, the present stage of our country’s market economy system has been greatly developed, but there is still a large gap with the developed countries in the west. But in our country in the aspect of the anti-monopoly legislation and enforcement is still in the development stage, the related theory and the system are not mature. The changing reality and the theoretical depth of the anti-monopoly law make it necessary to further considerate theoretical basis, the system of the legislation and the practical problems in the implementation process. On this basis, puts forward rationalization proposals. Taking this as the goal, the content is divided into four parts:The first part, overview of prohibition of abuse of dominant position. First,introduces the origin and development of the system itself, and points out that in the early history of the world, there were a lot of legal systems with the nature of prohibition of abuse of market dominance existed; secondly introduces the institutional economics theories and legal theories; finally, sums up basic value aims of the system.The second part, confirmation and manifestation of dominant market position. First explains the definition of dominant market position and the three main standards of identification, further clarifies the relevant market identification; finally summarizes the four forms of market dominant position.The third part, the identification of the abuse of market dominant position. First discusses the concept of the abuse of market dominant position and its components; secondly,summarizes other countries’ identification principles of prohibition of abuse of dominant market position, approaches of regulation and legislation models; finally, combining the typical cases and different views of scholars,makes a deep analysis of the typical behavior of the abuse of market dominant position, and analyzes the three forms of legal responsibility.The fourth part, first introduces the current situation of China’s prohibition of abuse of market dominant position behavior regulation; secondly points out our country’s legislation shortcomings; finally proposes advice of our country’s prohibition of abuse of dominant position.